The Committee considered that the State party failed to adequately
assess the author’s real, personal and foreseeable risk of returning to Afghanistan, in
particular taking into account his father’s alleged threats of revenge and his trauma as a result
of parental abuse. Accordingly, the Committee considers that the State party failed to give
due consideration to the consequences of the author’s personal situation in Afghanistan and
concludes that his removal to Afghanistan by the State party would constitute a violation of
articles 6 and 7 of the Covenant.
STATE OBLIGATIONS IN RELATION TO THE ENVIRONMENT IN THE CONTEXT OF
THE PROTECTION AND GUARANTEE OF THE RIGHTS TO LIFE AND TO PERSONAL
INTEGRITY: INTERPRETATION AND SCOPE OF ARTICLES 4(1) AND 5(1) IN
RELATION TO ARTICLES 1(1) AND 2 OF THE AMERICAN CONVENTION
ON HUMAN RIGHTS
