Affair with a girl who was married to a senior authority in Iran

Concerning M.N vs Denmark for violation of articles 6 and 7 of CCPR.

The author was born as a Muslim in Iran but converted to Christianity by the end of 2013. He also participated in a weekly house church held at the applicant’s family residence in Iran. The author had an affair with a girl called S. who was already married to a senior authority. When the husband of S. found out about her affair with the author, the author received many threats over phone calls. The author was contacted repeatedly regardless of whether the he changed SIM cards and stayed in different places in Iran. Thus the author fled from Iran to Denmark on 16 December 2015 and applied for asylum.
The author has participated in Christian education after his arrival in Denmark as well as worship services in the church. The author was baptized on 28 February 2016. Further, the author has participated in a demonstration against the Iranian regime in Denmark where there are, among other things, pictures of the applicant. Finally the author has never served in the army since he was only 18 when he had to flee Iran. On return, the author also fears persecution due to his illegal exit and the fact that he tus deserted from military service. On return, he will be imprisoned for both “offences” however the author is not able to perform military service anyway since this is against his beliefs.
The Refugee Board rejected the author’s application for asylum as it found that the author lacked credibility with regard to his conversion in Iran, and his relationship with a married woman. It must thus be concluded that in the present case all national remedies are exhausted with the final decision by the Danish Refugee Board. Thus a complaint was sent to CCPR, which in its turn made a conclusion that the authour’s rights would be violated by his return.

The CCPR’s decision remains unimplemented by the Danish authorities and the Danish Refugee Board rejected again granting a refugee status.

15. November 2023

CCPR 3188/2018
  • Decision: 9 August 2022
  • Comm: Human Rights