CAT/C/31/D/210/2002 Page 5 4.6 A translation of the opinion of 21 December 2000 has not been provided but is interpreted by the State party2. During the examination, the author claimed to have been subjected to various forms of torture. The examination concluded that there were no signs of fresh violence. As signs of older violence, were found a small non-specific scar on his back and on his left foot. Moreover, there were depressions on the outer side of his front teeth. It is stated that these changes might be due to corrosive burns, but were not otherwise specific. The author was found to suffer from a substantial personality change, which could be seen as a chronic development of a post-traumatic stress disorder, but most likely the disorder should be diagnosed as a paranoid psychosis (mental disorder with delusions of persecution). By way of conclusion, the Department of Forensic Medicine stated that no obvious physical or mental effects of torture as stated in the case had thus been found directly. 4.7 In setting aside the statement that the author had been subjected to torture, the Board found that this decisively weakened the author’s case. It further noted that the statement of the author’s wife was less convincing, and that despite repeated questioning - she had only been able to explain about the reason for the final decision on the departure in general terms. The Board concluded that it could not accept either the author’s statement or his wife’s statement about their asylum motive. Although it did not entirely reject their statement’s to the effect that the author had carried out activities for the Citizens Union concerning civil rights issues, that he had certain conflicts with the authorities and that a search had been carried out of their home, upon an overall assessment of the information provided it found that the author and his wife had not rendered probable in a convincing and credible way that after their return in 1994 and until their departure in 1999 they were subjected to asylum-related outrages, or that upon their return they will be at such risk thereof. 4.8 The State party refers to the claim that the complainant’s application for asylum was refused even though the opinion of 21 December 2000 does not exclude the possibility that the complainant suffers from post-traumatic stress disorder. The State party argues (as is set out in the preceding paragraph) that upon examination the complainant was found to suffer from a substantial personality change which could be the result of post-traumatic stress disorder, but is most likely diagnosed as paranoid psychosis. Thus, the State party maintains that there is no medical information proving that the complainant was subjected to torture. 4.9 According to the State party, in requesting the Refugee Board to reopen his case, the complainant stated, inter alia, that he disagreed with the opinion of 21 December 2000, as he claimed that his mental condition is attributable to the effects of torture, and that the examination made by doctors prior to preparing the opinion was not sufficiently thorough. The State party notes that in refusing to reopen his case on 27 June 2002, the Refugee Board found that no new information had come to light which would provide a basis for assuming that the opinion of 21 December 2000 was defective.3 In the State 2 On 5 November 2003, the State party provided a copy of the decision in English for the Committees consideration. 3 It also notes the Board’s reference to the fact that the complainant can complain of this opinion in accordance with existing rules and states that the complainant had previously complained of a psychiatric report procured from the Clinic of Forensic Psychiatry for the purpose of the opinion of the Department of Forensic Medicine. The clinic responded that it could not comply with the complainant’s request to alter the opinion as the complainant and the clinic disagree on the conclusion.