CAT/C/60/D/653/2015
A.M.D.’s symptoms were consistent with post-traumatic stress disorder. Despite that, the
Board had found that there were no new facts that would justify reopening the case. The
complainants maintained having established a prima facie case for the purpose of
admissibility of the complaint under article 3.
5.3
The complainants noted that, in its submission, the State party had maintained that
the majority of the members of the Refugee Appeals Board had found their statements to
lack credibility, including the statement on torture; at the same time, the State party did not
take into account A.M.D.’s physical and psychological situation. The complainants
maintained that A.M.D. had been subjected to torture in the past and that he was therefore
likely to experience serious difficulties if returned, as the risk of the authorities bringing
him in for repeated interrogation, with accompanying torture, was very high.
5.4 As to the State party’s submission regarding the issue of the complainants’ passports,
visas and tickets to Spain, the complainants submitted that they had indeed applied for visas
for Spain in May 2013 but also that they did not go to Spain. The aeroplane tickets from
Moscow to Barcelona for 20 July 2013 were not used and the complainants cannot be found
on any list of passengers by the airline.
5.5
The complainants also submitted that, during the hearing before the Refugee
Appeals Board on 19 December 2014, they were allowed to present a witness. The witness
provided a long statement, testifying that their home had been burned down and that neither
the neighbours nor the fire department had been allowed to help. The complainants
maintained that in several reports about Chechnya it was mentioned that houses were
burned to scare the owners. They also noted that the Board’s decision did not mention the
testimony of the witness and that it was difficult to see whether the statement had been
taken into consideration by the Board. They maintained that their witness was, like them,
seeking asylum in Denmark and that he would only give a truthful statement before the
Board or risk jeopardizing his own asylum application.
5.6
The complainants stressed that, although the Committee may not be an appellate
body, they had brought their case before the Committee because the Danish Immigration
Service and the Refugee Appeals Board had both denied A.M.D. the opportunity to
undergo a medical examination for signs of torture and, when an examination was
conducted by the Amnesty International Danish Medical Group, the State party did not take
the results of that examination into account.
State party’s further observations
6.1
On 24 March 2017, the State party submitted that the complainants’ additional
observations of 15 September 2016 did not provide any new information on the
circumstances in the complainants’ country of origin. It referred to its observations of 23
July 2015. It noted the complainants’ submission that an examination for signs that A.M.D.
had been tortured was carried out by the Amnesty International Danish Medical Group on
19 December 2014 and that the results of that examination corroborated the allegations of
torture and the claim that A.M.D.’s mental symptoms were consistent with post-traumatic
stress disorder. The State party submitted that, in the case at hand, the Refugee Appeals
Board could not accept as fact A.M.D.’s account of the alleged torture and had found that
the inconsistencies in crucial elements of his statements were not attributable to the alleged
torture in his country of origin.14
6.2
The State party pointed out that the case law of the Refugee Appeals Board included
cases like the present one in which the asylum seeker submitted that he or she sustained
physical or mental injury originating from the relevant torture according to his or her own
statement. Sometimes, the information given by the asylum seeker on his or her injuries
was wholly or partly substantiated by medical examinations, and it was rather common for
it to appear, from the conclusion of a medical examination report, that the objective
14
8
The State party refers to communications No. 565/2013, S.A.P. et al. v. Switzerland, decision adopted
on 25 November 2015, para. 7.4, and No. 209/2002, M.O. v. Denmark, decision adopted on 12
November 2003, paras. 6.4-6.6. It also refers to the judgment of the European Court of Human Rights
of 20 March 1991 in Cruz Varas and Others v. Sweden (application No. 15576/89), paras. 77-82.