CAT/C/55/D/571/2013
credibility.17 The complainant adds that discrepancies in statements are common especially,
although not exclusively, when the person is suffering from post-traumatic stress disorder.
5.4
The complainant reiterates that he was subjected to inhuman and degrading
treatment during the kidnappings in Afghanistan, the fact of which does not seem to be
disputed by the State party, unlike the identity of the agents of the persecution. The fact that
he was subjected to such treatment repeatedly during the kidnappings should be reflected in
the credibility assessment, as such treatment is likely to affect cognitive functions of the
victims, including memory malfunction and inability to concentrate. The complainant refers
to the Committee’s case law, in which it states that complete accuracy is seldom to be
expected by victims of torture or those who suffer from post-traumatic stress disorder.18
Even if the inconsistencies relate to a material fact, the evidence may still be accepted as
credible.19 The complainant argues that the alleged lack of credibility and inconsistencies in
his and his spouse’s statements, for example, the details regarding his release after the
second kidnapping or when and how his spouse was informed of the kidnappings, made
during the asylum process over a period of more than 19 months, does not necessarily
indicate that they lack credibility. Those discrepancies might be normal or explainable traits
in the asylum seeker’s account of the reasons why he fled Afghanistan and ill-treatment to
which he was subjected there. The errors in the interpretation from Dari to Danish should
also be considered as normal and distorting factors in the communication during the asylum
proceedings between the asylum seekers and State officials.
5.5
As an explanation of the pivotal point of the communication, that is, whether the
kidnappers were the Taliban or a criminal gang without affiliation to the Taliban, the
complainant states that when he said “criminals” during the registration with the Danish
police, he meant the Taliban. The same explanation was given to the Appeals Board. The
complainant also stated that he became aware that the kidnappers were from the Taliban,
partly due to how they were dressed and how they talked, and partly because, when he was
first kidnapped, they told him directly that they were from the Taliban. The complainant
also contests the assertions in the report of the Danish Immigration Service of 29 May 2012
that the Taliban mainly recruit ethnic Pashtuns, pointing out that the report is limited in
scope and based on interviews carried out in Kabul, whereas Kandahar is a traditional
Taliban stronghold as that is the original area of the Taliban movement. He submits in
addition that, at the time of his kidnapping, Kandahar province was largely inaccessible for
the United Nations and reports of abduction and assassination of Afghan citizens also
increased during that period. Therefore, his statements that he was kidnapped by the
Taliban in Kandahar are not inconsistent with background information on the security
situation in Kandahar and of the known power bases of the Taliban at that time. The
complainant also contests the State party’s allegations that it was possible to hide from the
Taliban in Kabul and gives examples of security incidents to the contrary.
5.6
The complainant submits that in the light of international research on credibility
assessments and relevant background information from Afghanistan, his and his spouse’s
statements should be regarded as credible as they describe the personal and real risk that he
could be subjected to ill-treatment and torture by the Taliban if returned to Afghanistan,
given that he had already been kidnapped twice by the Taliban and subjected to various acts
of torture.
17
18
19
12
Ibid., pp. 68 and 152.
See communications No. 21/1995, Alan v. Switzerland, views adopted on 8 May 1996; No. 41/1996,
Kisoki v. Sweden, views adopted on 8 May 1996; and No. 279/2005, C.T. & K.M. v. Sweden, decision
adopted on 17 November 2006.
See communication No. 101/1997, Haydin v. Sweden, views adopted on 20 November 1998.