Purchasing property in Afghanistan

Concerning A (represented by counsel, Joseph W. Allen) vs Denmark for violation of articles 6, 7, 13 and 14 of CCPR.

The author’s father purchased a property from a man named Q. Shortly after that transaction, Q died of illness. Thereafter, three of Q’s relatives, approached the author’s father in order to claim the property. This erupted a fight between the two families where the author’s brother killed one of Q’s relatives. Later, Q’s brother killed the author’s father and brother. Fearing that Q’s brothers would kill him too, the author fled to Denmark and applied for asylum.

The Danish authorities rejected the author’s application for asylum and they also refused to reopen the case. Thus a complaint was sent to CCPR. Among other observations, the Committee notes that the author’s fears of being killed or subjected to torture relate to the acts of private individuals, and he has not alleged that he contacted the Afghan authorities in order to seek protection from Q’s relatives, and has not explained why he did not do so or would not be able to do so in the future. The Committee therefore decides that the communication is inadmissible.

20. July 2021

CCPR 2357/2014
  • Decision: 4. August 2016
  • Comm: Human Rights