CAT/C/55/D/571/2013
5.7
The complainant also maintains that he did establish a prima facie case for the
admissibility of his communication. He recalls that his statement — considered in the light
of his individual circumstances as a victim of kidnapping and serious ill-treatment and the
fact that he is illiterate — together with relevant background information about the situation
in Afghanistan provide substantial grounds that go beyond mere theory or suspicion for
determining that he would be in danger of being subjected to torture in Afghanistan. In
particular, the complainant notes that no medical evidence was sought to support his claim
that he had been subjected to torture, as the Danish Appeals Board denied him access to
relevant medical examinations.20
5.8
The complainant requests that the Committee find the communication admissible for
consideration by the Committee in order to assess the Danish Immigration Authorities’
interpretation of the principle of “benefit of the doubt” and to assess the extent to which
necessary consideration is given to, for example, people who are illiterate and victims of
torture.
5.9
The complainant contends that the Danish Appeals Board did not adequately take
into account his particular situation, including the fact that he is illiterate and a victim of
torture, who cannot always be expected to relate the facts in the same way as individuals
who have not been subjected to torture. The complainant also contends that the Appeals
Board did not adequately consider the cultural differences with regard to the role of women
in Afghan society and the information that his spouse was expected to know about him, and
that the frequency and character of the somewhat sceptical questions put to him throughout
the asylum proceedings did not take into consideration the fact that he had been subjected
to serious and repeated ill-treatment.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
6.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party has not challenged the admissibility of the communication on
the ground of non-exhaustion of domestic remedies. It therefore concludes that it is not
precluded from considering the communication under article 22 (5) (b) of the Convention.
6.3
The Committee notes the State party’s submission that the communication is
inadmissible as the complainant’s claims are manifestly ill-founded. The Committee,
however, considers that the communication has been adequately substantiated for the
purposes of admissibility and declares the communication admissible and proceeds with its
consideration of the merits.
20
See the Committee’s general comment No. 1, para. 8 (c).
13