Reporting Taliban’s presence case

Concerning Mr. S.Z.H vs Denmark for violation of article 6 or 7,13,18 and 26 of CCPR.

The author is an Afghan who fears being killed by the Taliban if returned. The author had been given the task of reporting the Taliban’s presence in his local area. When the Taliban discovered that the author was working for the security service, they threatened and beat him. Thus the author fled and sought asylum in Denmark. The author’s father was executed by the Taliban and the author suspects that they also killed his mother after he fled. A decision by the Refugee Board was made on 26 April 2012 rejecting the application for asylum. In a medical examination it was concluded by a doctor that the author suffers from paranoid psychosis. The author sent a letter to the Board asking for the reopening of his case, and  Amnesty International also sent material on 18 March 2013. Between September 2012 and November 2013, however, no reply was forwarded to the author about whether or not his case would be reopened.

The long wait was significant as he did not receive permission to stay in Denmark during the processing of his request for reopening. Therefore a person suffering from paranoid psychosis was to be deported any moment to the place where he feared torture and persecution. Due to his extreme fear, he disappeared in November 2013, which then allowed the Refugee Board to make a sudden decision in December 2013 not to consider the author’s request from September 2012, because the Board was “unaware of the author’s place of residence”. During the time he was living underground he became Christian. In May 2014, the author was arrested and put in custody with the purpose of deportation. The Refugee Board was informed of his conversion, however, the author’s request for reopening of his case was rejected, and he was still under duty to leave Denmark. The Refugee Council had stated that further material about the author’s Conversion was to be forwarded, but the Refugee Board decided not to wait for this information to arrive. The author was deported on June 10 2014, and the Danish authorities thus simply ignored the information about the author’s Conversion, and also ignored it when they received further communication on 20 June 2014 specifically addressing the issue of the Conversion.

On 23 March 2016 the Grand Chamber of the European Court of Human rights made it clear, that due to the absolute nature of the Non-refoulement requirement member states can not reject to reopen asylum cases when they are informed about a new Sur place motive.

18. June 2020

CCPR 2421/2014
Comm: Human Rights