Democratic Party of Iranian Kurdistan

Concerning N (represented by Helle Holm Thomsen) vs Denmark for violation of articles 7 of CCPR.

The author was born into a Muslim Iranian family of Kurdish origin in Al-Tash refugee camp, Iraq. The author’s father had been a member of the Democratic Party of Iranian Kurdistan (PDKI) and had “fought for PDKI” and lost his eyesight as a result. The author’s brother had also smuggled weapons for PDKI. His brother was later granted refugee status in Sweden in 2001, where he lived until his death in 2007 or 2008. The author’s brother had died under mysterious circumstances and the author suspected that the Iranian intelligence service had been behind his death. When the author came to Denmark and applied for asylum, he argued that he was considered as a political person in the Islamic Republic of Iran due to his father’s and his brother’s political activities.

The Board concluded that the author had not proven the likelihood that the family’s overall activities had been of such a nature and intensity that they alone would justify asylum. Thus a complaint was sent to CCPR.

The Committee recalls that it is generally for the organs of States parties to examine the facts and evidence of a case and the author has not explained why the decision by the Refugee Appeals Board would be contrary to this standard, nor has he provided substantial grounds to support his claim that his removal to the Islamic Republic of Iran would expose him to a real risk of irreparable harm. Thus, the committee declares this case to be inadmissible.

24. March 2020

CCPR 2426/2014
  • Decision: 27. August 2015
  • Comm: Human Rights