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.
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