Kidnapped father and brother case

Concerning Mr. H.A vs Denmark for the violation of article 6 or 7 of CCPR.

The author is a hazara afghan citizen and shia muslim. The Hazara minority people are being targeted by the Taliban, who are dominatingly Pashtuns. Firstly, his family was being forced to pay “Security money” to the Taliban. The Taliban also accused him and his family for supporting the Afghan Government and the international forces and being “spies”. This was in 2008 and the author’s family thus decided to send him to europe for protection. He was returned from Norway to Greece because of the Dublin rules. From Greece he was then returned to Turkey and thus ended up in Afghanistan again. After 4-5 months in his hometown, the Taliban was stepping up the prosecution of him and his family by demanding more and more money, and when his family could no longer pay, the Taliban kidnapped his father and brother. The author was able to flee only because he was not at home during the kidnapping.

The author claims that if returned, he would be killed or kidnapped and raped by the Taliban. He also fears to be forced to fight for the Taliban government forces. He has nowhere to go for protection, since the Hazara minority are being persecuted all over Afghanistan.

The Immigration Service rejected the author’s asylum application, and the refugee Board upheld the decision, and stated, that they found the story to be constructed. A complaint was sent to CCPR.The Committee is of the view that the removal of the author to Afghanistan would not violate his rights under articles 6 or 7 of the Covenant.

18. June 2020

CCPR 2328/2014
  • Decision: 9. July 2018
  • Comm: Human Rights