CAT/C/49/D/464/2011 and feel insecure. Nevertheless, the complainant informed the immigration authorities about the circumstances in which he was tortured and even submitted medical evidence in support of his claim. He reiterates that his statements’ inconsistencies were caused by inadequate interpretation, which in his case was particularly important since he is illiterate and could not read and confirm whether translations reflected in an accurate manner what he wished to communicate to the authorities. His counsel could not check the accuracy of the translation since he is not a Pashto speaker. Therefore, there was no way to verify whether these translations, noted in the decisions of the Immigration Service and the Refugee Appeals Board, were correct and accurate. 5.5 He could not submit a proper medical report on any physical evidence of torture, because he could not afford it. However, he provided the authorities with the two medical “memoranda” prepared by a physician. Although they did not relate to signs of torture, these documents provided enough information to justify his request for further medical examination. Moreover, at the Refugee Appeals Board hearing he explained that he had three broken ribs and also showed other sequelae of the violence inflicted by the authorities on his hands and one leg. The complainant further argues that in the light of the clear evidence showing a consistent pattern of gross, flagrant and mass violation of human rights in Afghanistan, if the Danish authorities doubted the credibility of his statements, they should have ordered a specialized medical examination, as he requested. He further argues that he met his counsel on 10 January 2011 and that the same day the counsel submitted a request for a stay of proceedings and for a medical examination. On 17 January 2011, at the beginning of the Board hearing, this request was reiterated orally. Nevertheless, no decision was taken during the hearing, and afterwards the Board decided to reject the complainant’s request for asylum, without ordering a medical examination. 5.6 Notwithstanding the State party’s acceptance of the complainant’s claim concerning the acts of violence inflicted by the Taliban, it has not explained why this was not relevant under asylum law in order to determine the real personal risk that he would face if returned to Afghanistan, and limited itself to denying such a possibility. Moreover, as the authorities accepted that the complainant suffered some form of violence inflicted by the Taliban, they failed to assess whether the Government would be able to protect the complainant against possible reprisals from the Taliban. The complainant recalls that the risk does not have to meet the test of being highly probable.8 Likewise, the complainant argues that the State party does not provide enough details about the contradictory statements that would render his claim of torture by the Afghan authorities not credible.9 5.7 As to the asylum proceedings, the complainant notes that the Refugee Appeals Board decision cannot be appealed to a higher court and that one of the three members of the Board is an employee of the Danish Ministry of Justice, which puts in question the impartiality and independence of the Board. The complainant further claims that with respect to considering asylum requests, the immigration authorities’ assessment does not necessarily comply with the standards enshrined in article 3 of the Convention. 5.8 At the Refugee Appeals Board hearing, many of the questions posed by the immigration service officers and the members of the Board attempted to show the inconsistencies of the complainant’s statements and his lack of credibility. The manner in which the questions were posed by the Board members gave the complainant the feeling of being challenged by the same persons who had to decide on his request by the end of the hearing. 8 9 The complainant refers to the Committee’s general comment No. 1, para. 6. The complainant refers to communication No. 120/1998, Elmi v. Australia, decision adopted on 14 May 2009. 9