CAT/C/55/D/571/2013
if returned to Afghanistan and that such danger is personal and present. 13 The State party
submits that the complainant has not substantiated that he will face a foreseeable, real and
personal risk of being tortured in the country to which he is returned.14 As the Committee
has stated on numerous occasions, the existence of a consistent pattern of gross, flagrant or
mass violations of human rights in a country does not, as such, constitute a sufficient
ground for determining that a particular person would be in danger of being subjected to
torture upon his return to that country, as additional grounds must exist to show that the
individual concerned would be personally at risk. 15
4.16 The State party also observes that in its decision of 13 January 2012, the majority of
the members of the Appeals Board had found that the complainant had failed to substantiate
his grounds for seeking asylum. The majority found that the complainant’s statements about
the detentions had been inconsistent and elaborative. It took into account that, inter alia, in
the asylum registration reports, the complainant and his spouse had only mentioned a
kidnapping committed by a gang of robbers or criminals. Accordingly, the majority of the
members of the Board could not accept as a fact that it was the Taliban who had kidnapped
the complainant. Therefore, the Board found as a fact, in an overall view, that the
complainant’s kidnapping was a criminal act and that the complainant would not be at a
real risk of persecution as set out in section 7 (1) of the Aliens Act or of abuse under section
7 (2) of the Aliens Act, if he were returned to his country of origin. Consequently, the
Board dismissed the complainant’s statement about his grounds for asylum as lacking in
credibility.
4.17 The State party also refers to the fact that the complainant gave inconsistent
statements about the purpose of his kidnappings. He and his spouse have given inconsistent
statements about when and how his spouse learned about the kidnapping and that it was
carried out by the Taliban and about the scope of his injuries as a consequence of the abuse.
The State party adds that the complainant gave an incoherent statement about his release
after the second kidnapping, including as to how the person who helped him to escape from
his kidnappers was able to freely enter the place where he was being held. Concerning the
complainant’s statement that he does not know how the Taliban found him in Kabul, the
State party observes that, according to the background information available, Kabul is a
rapidly growing city with more than three million inhabitants and with no central
registration of inhabitants. It was therefore deemed unlikely that the Taliban would have
been able to find the complainant there, in particular since, as the complainant stated,
nobody knew where they were. The Appeals Board could not find as a fact that it was the
Taliban who had kidnapped the complainant or that it was the Taliban who had subjected
him to abuse during his detention, in particular as the Taliban mainly recruits ethnic
Pashtuns and the complainant is an ethnic Tajik.
4.18 The State party submits that the Appeals Board did not find it a fact that the
complainant had been kidnapped by the Taliban; it considered the kidnapping an isolated
criminal act and therefore did not consider it necessary to request a medical examination of
13
14
15
10
See the Committee’s general comment No. 1 (1997) on the implementation of article 3 of the
Convention in the context of article 22, para. 7.
See, for example, communications Nos. 270 & 271/2005, E.R.K. and Y.K. v. Sweden, decision
adopted on 30 April 2007, paras. 7.2 and 7.3; No. 282/2005, S.P.A. v. Canada (see note 12), para. 7.1
and 7.2; No. 180/2001, Mr. F.F.Z. v. Denmark, decision adopted on 30 April 2002, paras. 9 and 10;
and No. 143/1999, S.C. v. Denmark, decision adopted on 10 May 2000, paras. 6.4 and 6.6.
See, for example, communications No. 220/2002, David v. Sweden, decision adopted on 2 May 2005,
para. 8.2; No. 245/2004, S.S.S. v. Canada, decision adopted on 16 November 2005, para. 8.3; Nos.
270 & 271/2005, E.R.K. and Y.K. v. Sweden (see note X), para. 7.2; and No. 286/2006, M.R.A. v.
Sweden, decision adopted on 17 November 2006, para. 7.3.