Concerning Mr. M.H.N vs Denmark for violation of articles 6, 7 and 14 of CCPR.
The author came to Europe in 2008, but Germany returned him to Greece in 2009 under the Dublin accord. Since it was not possible to get protection in Greece, he returned to his country of origin, Afghanistan. When he returned to Afghanistan, he met Mr. R, who introduced him to Christianity. About 1 and a half months before he left Afghanistan for the second time, Mr. R handed over a bible to the author. He was hiding the book in his bag with some of his clothes. In summer 2012, his cousin found the Bible and thus informed the local commander Taghi. When the author was not at home, Taghi and four of his men came and searched the house. They found the author’s bible and then they started looking for him.
The Immigration Service rejected the application on 27 November 2013. The refugee Board upheld that decision.
The author will be killed if returned to his country of origin, because of his conversion. Denmark is thus violating article 6 by returning him by force to Afghanistan. The author argues that he can be killed by any person, since according to Sharia law, a Muslim who killed a Converted person will go directly to paradise. The Afghan authorities can also prosecute him for violation of Sharia law and the sentence for such a violation is execution. Whether he is killed by a private individual or he is sentenced to death, this would both be a violation of articles 6 and 14.
Since such a Sharia case would include a trial, he would be detained and he thus also fears torture or inhumane treatment in violation of article 7, during the detention.
Thus a complaint was sent to CCPR.
31. October 2023