CCPR/C/114/D/2426/2014 subjected to the death penalty or torture or ill-treatment. The Refugee Appeals Board will consider the conditions for issuing a residence permit under section 7 (2) of the Aliens Act to be met when there are specific and individual factors substantiating that the asylum seeker will be exposed to a real risk of the death penalty or torture in case of return to his or her country of origin. The Aliens Act further requires that any refusal of an asylum request be accompanied by a decision on the existence of this risk. To ensure that the Board makes its decision in accordance with Denmark’s international obligations, the Board and the Danish Immigration Service have jointly drafted a number of memorandums describing in detail the legal protection of asylum seekers afforded by international law, in particular the Convention relating to the Status of Refugees, the Convention against Torture, the Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights. 4.4 The State party further informs the Committee that proceedings before the Board include an oral hearing, at which the asylum seeker is allowed to make a statement and answer questions. Decisions by the Board are based on an individual and specific assessment of the relevant case. The asylum seeker’s statements regarding his or her grounds for asylum are assessed in the light of all relevant evidence, including what is known about conditions in his or her country of origin. In that regard, the Board conducts a comprehensive collection of background material on the human rights situation in the country of origin, such as whether there is a consistent pattern of gross and systematic violations.3 The Board sees to it that all facts of the case are brought out and decides on the basis of examinations of the asylum seeker and witnesses and the provision of other evidence. The State party notes that an asylum seeker must provide such information as is required for deciding whether he or she falls within section 7 of the Aliens Act. It is thus incumbent upon an asylum seeker to substantiate that the conditions for granting asylum are met. 4.5 The State party adds that, in cases in which the asylum seeker’s statements throughout the proceedings are characterized by inconsistencies or omissions, the Board will attempt to clarify the reasons therefor. However, inconsistent statements about crucial elements of the grounds for requesting asylum may weaken the asylum seeker’s credibility. In such cases, the Board will take into account the asylum seeker’s explanation for such inconsistencies and his or her particular situation, including age, cultural background, literacy or condition as a torture victim. 4.6 In the present case, the State party notes that the Board concluded that the asylum seeker’s ethnicity, religion and political views could be considered as proven facts but that his activities did not constitute sufficient reason for considering him as falling under the protection of the Convention relating to the Status of Refugees. 4.7 The State party notes that the author has not produced any new information in his complaint to the Committee and that all relevant background information was made available and considered by the Board. After a thorough assessment of the relevant background information and the author’s individual circumstances, the Board concluded that the author was not at risk of treatment contrary to article 7 of the Covenant. 4.8 The State party cites several sources of background information referring to the situation of Kurdish Iranian refugees in Iraq, according to which the International 3 The State party notes that background material is collected from various sources, including the UNHCR website, the European Country of Origin Information Network, the Ministry of Foreign Affairs of Denmark, the Country of Origin Information Division of the Danish Immigration Service, the Danish Refugee Council, Amnesty International, Human Rights Watch and other international human rights organizations. 5

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