Refusal of asylum to an Afghan citizen

R.S. v. Denmark in violation of art.6,7,18,19,26 of CCPR.

The author R.S., an Afghan national born, entered Denmark without valid travel documents and applied for asylum. In 2014, the Danish Immigration Service refused asylum to the author and the Refugee Appeals Board upheld this decision.

The author R.S. applied for asylum in Denmark on grounds of risk of being recruited/killed by Taliban regime or by his uncle, who is the member of Taliban. The author fears also for his life because he has left his Islamic belief and became atheist. As a non-believer, the author fears persecution of the death penalty if returned to Afghanistan, as he has directly violated Sharia law.

This decision has been appealed and the case was reopened several times with new grounds for asylum, but the decision remained unchanged and the author was returned to Afghanistan in 2017.

The case was discontinued by the CCPR.

17. January 2024

CCPR 3046/2017
  • Decision: 9 Marts 2023
  • Comm: Human Rights