A westernized Afghani was sent back to the Taliban

A.M. v. Denmark on violation of articles 6 and 7 of CCPR by deporting the author to Afghanistan.

The author, A.M., an Afghan national born, entered to Denmark in 2009 as an unaccompanied minor and got an asylum status in 2009.
In 2018 the author was called to an interview with the Danish Immigration Service, which in its turn, decided to withdraw the author’s residence permit as a refugee due to fraud. This decision has been supported by the Danish Refugees Appeals Board in 2019.

The author’s arguments for asylum:
– persecution by Taliban in Afghanistan. On the way to Denmark, Taliban stopped the bus and detained the author, who managed to escape.
– the author fears also family of the person who was kidnapped and killed by Taliban (most likely that person was a journalist). His family causes the author for being responsible of him being captured and killed by Taliban;
– next day after escaping, Taliban came to the author’s house and the author had to hide, while the house was searched by Taliban (told by the author later).
The author may as a traumatized child (15 years when entered Denmark) not be able at that point in time about all traumatic events he suffered. This can explain why the author told only parts of the story in 2009 and then he was able to add on in 2011-2012.

The author argues his pleading to the CCPR with the following arguments:
– explanations about the author’s own conflict in the past with Taliban has been provided;
– belonging to the Hazara minority group, but originates from an area with a strong Pastho presents; having no longer family with ties with Afghanistan, since the remaining family has left the country;
– if deported to Afghanistan he may not return to the violent area and thus he may end up as an internally displaced person in Kabul;
– suffering from the life fact that he had to flee Taliban persecution without family, seeking protection as an unaccompanied refugee minor child, his traumatic experiences blocked parts of his memory as a child, but getting into better situation the author remembers more and more, which is no reason to question his credibility.
– Since the author was aware for a long time in a western country, he will be suspicious in Taliban’s eyes.
He may be considered a spy or be recruited to fight with Taliban.

The Danish Immigration Service accepted to reopen the case but the author must be sent back to Afghanistan while the case is under processing.

The author is now sent back to Afghanistan, while the case is under processing.

25. January 2024

CCPR 3827/2020
Comm: Human Rights