Tripartite Memorundum of understanding

Concerning Mr. A.F.N vs Denmark for the violation of Articles 7 and 13 of CCPR.

The complainant applied for asylum in Denmark in May 2010. The complainant also converted to Christianity in Denmark. The Refugee Board rejected his application on 14 February 2012. After the final decision by the Refugee Board, the Danish authorities then contacted the Afghan authorities under the Tripartite Memorandum of understanding (MOU) between UNHRC, Denmark and Afghanistan. The Afghan authorities confirmed the identity of the author, but at the same time, they also confirmed that he was wanted for a trial in Afghanistan. Consequently, the Danish Refugee Board was requested to reopen the asylum case from 2001, since the new information from Afghan police strongly indicated that the authorities in Afghanistan want the author. On February 12 and again on February 16, the Refugee Board rejected to reopen his case. Thus, a complaint was sent to the Committee.

Since the author has been living in the western world he certainly risks to be perceived as being contrary to Islamic rules, and to be supportive of the Government and/or the international community. This has just become more clear after his conversion. More recently even the Government of Afghanistan has admitted that the security situation has become much worse than before. The Government in Afghanistan has declared that they are not able to protect their own citizens, which was expressed in a recent interview with the newly appointed Afghan Minister on Refugees and Repatriation Mr. Alami Balkhi. Afghans from unsafe areas like the author can no longer expect to live in Kabul, since the numbers of Afghan citizens living abroad and potentially being deported and taking up residence in Kabul estimates 7 million people! That is also, why the Memorandum of Understanding from 2004 between Denmark and Afghanistan needs to be reconsidered; however the Danish authorities seem not to be willing to do so. As of 2 March 2015, they received the letter from Afghan authorities to stop deportations, but they have just continued.

At its meeting on 22 March 2023, the Human Rights Committee decided to discontinue consideration of communication No. 2852/2016, because contact was lost with the author.

31. October 2023

CCPR 2852/2016
Comm: Human Rights