Concerning Mr. A.B.H. vs Denmark for violation of article 7 of CCPR. The author comes from Afghanistan, and was employed as a soldier from 2007 to 2012, training and working with Afghan and American forces. The author’s tasks included arresting members of the Taliban. Due to his work, the author was threatened by the Taliban on several occasions, including receiving threatening letters from Taliban at his home. In December 2012, the author was kidnapped and detained by the Taliban. He escaped after three or four months, and fled to Pakistan. After his departure, the author was informed that he was suspected by the government of collaboration with the Taliban because of his long absence. The author entered Denmark in 2013. His sister, her husband and their children all have residency in Denmark. The rest of the author’s family, including his wife and his six children resides in Afghanistan. The Danish Immigration Service and the Refugee Appeals Board rejected the author’s application based on the author’s non-credibility and lack of details in his statement about his detention by the Taliban. The decision has received criticism from the CCPR. The CCPR in their decision from the 8th of July 2019 recalls that States parties should give sufficient weight to the real and personal risk that the author faces if deported back to Afghanistan. Thus, the Board reopened the case and decided to give the author residence permit according to the Aliens Act article 7 (2).
24. November 2020