CAT/C/60/D/653/2015
findings were consistent with the asylum seeker’s statements on torture inflicted as a
consequence of a conflict with the authorities. However, should the Board disregard the
asylum seeker’s account of the circumstances that allegedly gave rise to the torture
described — for example, because it could not in any way be considered as fact that the
asylum seeker had been involved in politics or because the authorities had not discovered
any such political involvement — such a conclusion would not independently give rise to a
different assessment of the individual’s credibility or to an examination for signs of torture.
The results of an examination for signs of torture merely indicated that the asylum seeker
suffered from physical or mental injury, which may have been inflicted as described by the
asylum seeker but may also have been inflicted in numerous other ways. In other words, an
examination did not necessarily clarify whether the asylum seeker’s injury had been caused
by torture at all or whether the injury sustained was caused by an incident like a fight, an
assault, an accident or an act of war. Moreover, an examination could not ascertain the
truthfulness of an explanation for why and by whom the asylum seeker in question was
subjected to abuse.
6.3
The State party submitted that, in its decision of 26 May 2015 refusing to reopen the
asylum proceedings, the Refugee Appeals Board had found that the examination for signs
of torture could not lead to a different assessment of the credibility of the complainants’
statements on their grounds for asylum. The State party reiterated its submission regarding
the inconsistencies in the complainants’ statements. The State party noted the Committee’s
decision in communication No. 634/2014, M.B., A.B., D.M.B. and D.B. v. Denmark,
adopted on 25 November 2016, in which it stated: “The Committee is of the view that the
impartial and independent assessment of whether the reason for the inconsistences in his
statements might be that he had been subjected to torture could have been made by the
Board only after having ordered the first complainant’s examination for signs of torture.”
The State party submitted that it disagreed with the view expressed in that decision and
found that the circumstances causing an asylum seeker to request an examination for signs
of torture did not in itself lead to an absolute obligation on the part of the immigration
authorities to initiate such an examination, not even in cases in which an asylum seeker had
produced medical information indicating that he or she might have been subjected to torture.
It maintained that the issue of whether to initiate an examination for signs of torture must
be determined on the basis of an individual assessment, including an assessment of whether
the outcome of the examination must be deemed to be of significance to the Board’s
decision.
6.4
With regard to the complainants’ submission that the decision of the Refugee
Appeals Board failed to mention the testimony of the witness who had testified in their
favour on 19 December 2014 (see paragraph 5.5 above), the State party submitted that the
testimony of the witness was reproduced in the Board decision and that Board decisions
were made on the basis of all the material presented, including the statements and
testimonies made before the Board, even when no specific reference was made to such
material, statement or testimony in the reasoning of the decision. The State party contested
the complainants’ claim that the status of the witness as an asylum seeker affected his
credibility.
Additional comments from the complainants
7.1
On 2 May 2017, the complainants referred to their previous submissions. They noted
that in its latest observation the State party had failed to comment on the submission that
A.M.D. had assisted Chechen rebels during the period 2010-2013 by helping his brother.
They also noted that the 19 December 2014 refusal of the Refugee Appeals Board did not
address that submission in detail either, although the situation in Chechnya was a central
issue in the case. The Board only said, in its decision, that A.M.D.’s statements had been
inaccurate and focused on the question of how often the complainant’s brother had visited
him. A.M.D. reiterated that not only had he been a sympathizer but had also cooperated
with the rebels; he maintained that country background information clearly stated that
previously suspected rebels were still in danger. That did not appear to have been taken into
consideration by the Board. The relationship between A.M.D. and his brother, who was
very active in the rebel movement, meant that the complainant was strongly exposed to the
possibility of reprisal. The complainants did not know where the brother was or whether he
9