Concerning the author C.L. and his minor son Z.L. vs Denmark for violation of articles 6, 7 and 18 of CCPR.

The author entered Denmark in 2012 and applied for asylum. He fears being arrested, potentially sentenced to life imprisonment or the death penalty, and subjected to renewed torture or to cruel, inhuman or degrading treatment or punishment upon return to China. The author had worked secretly for many years in support of the democracy movement in China. In 1989, he had organized and participated in major student demonstrations, and s a consequence, he had received a warning from the authorities as a punishment and had been deprived of some privileges in his subsequent studies and work. From 1998 until his departure, he had been an active member of a pro-democracy movement, the purpose of which had been to overthrow the Communist Party’s rule and establish a multiparty democracy in China. The author was consequently imprisoned and exposed to torture for 6 months in 2001. The torture consisted of beatings with batons and the deprivation of food and sleep. As a result of the torture, the author contracted hepatitis B and tinnitus; his memory is impaired and he suffers from pains, anxiety and sleeping problems.

The Committee notes, that the State parties failed to give take due account of the past persecution faced by the author and futher notes the inadequate consideration by the State party’s authorities of whether the author and his son might face a risk of violations of their rights. Accordingly, the Committee is of the view that, by removing the author and his minor son to China, the State party would violate its obligations under article 7 of the Covenant.