Minor seeking asylum with his brother

Concerning Z.S. and M.S. vs. Denmark for violation of articles 6, 7, 13, 14 and 26 of CCPR.

Entering Denmark with his younger brother in November 2010, the complainant applied for asylum. The author’s parents fled from Afghanistan to Iran when he was a kid, as a result of an incidence that occurred. The author’s father’s sister was about to get married to a man who he didn’t agree on, however when the father finally agreed on his sister’s marriage, he later on finds out that his sister is to be stoned to death due to a claim of fornication. With a friend, the father went to his sisters’ husband and shot him and another man too who turned out to belong to the Taliban. Consequently, since their father had killed an individual and also one of the Taliban, the rest of his family had to flee Afghanistan to Iran. The author converted from Muslim faith to Christianity in 2014. As a connection to that, the author fears the risk of persecution, torture and being killed in Afghanistan due to his conversion, as this is a violation of the Islamic rules of his country of origin.

The case has had great media coverage in Danish media and in this case also the authors’ conversion. This case was rejected, but reviewed in January 2015, when an application and protest was sent to the headman of the Refugee Board from the bishop and deans. The author was awarded Refugee Status in Denmark in march 2015, after reconsidering the asylum seekers situation.

9. February 2021

CCPR 2488/2014
  • Decision: 11. August 2016
  • Comm: Human Rights