CAT/C/68/D/863/2018
Naturalization Service to order a medical examination, there was no reason to initiate such
a process during the first procedure. Furthermore, the decision to grant the complainant’s
request for protection was based on the automatic protection offered at that time to
nationals of Côte d’Ivoire. The complainant was granted a residence permit on that basis.
4.10 It was only in December 2013, after the complainant had been informed of the
intention to revoke her residence permit, that she reported that she had been unfit to be
interviewed. She submitted a copy of her medical records indicating that she suffered from
epileptic fits and stress-related ailments. The records also indicated that she had told the
medical service of the asylum seekers’ centre that she had been traumatized.
4.11 On 27 January 2014, the complainant was interviewed for a third time, this time in
connection with the intention to revoke her residence permit. During the interview, she was
very emotional and said she had a headache and felt dizzy. She was also short of breath and
clutched her head. In consultation with the complainant and her authorized representative,
the interview continued. On 11 September 2014, the complainant submitted the report by
the Institute for Human Rights and Medical Assessment stating that she suffered from posttraumatic stress disorder and depression. Although the report could explain why the
complainant had been unable to give consistent statements about certain details of her
account during her second interview in October 2009, it does not explain why she made
odd, vague, cursory and contradictory statements concerning the essence of her account.
The State party refers to the Committee’s findings in M.O. v. Denmark, 1 in which the
Committee saw no reason, in the light of corroborating medical evidence, to assume that
the complainant’s statements were true, or to find that Denmark had erroneously failed to
further investigate. There was no reason to conduct a further medical examination or other
investigation, either when the complainant’s asylum application was assessed (since there
was no question of returning her to her country of origin at that time), or when her
residence permit was revoked (since political conditions in her country of origin had
drastically improved by that time).
4.12 The scar on the complainant’s shoulder is described by the Institute for Human
Rights and Medical Assessment as being consistent with a stab wound. According to
section 187 of the Manual on the Effective Investigation and Documentation of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), this
description means that many other causes are possible. The lesion on her lower left arm,
allegedly caused by hard beatings by the prison guards, could also be a birthmark, or could
have been caused by grazes or deep bruises. The report also describes varicose veins, which
may have several non-traumatic causes. The small, discoloured, atrophied area on the right
back of the lower right leg, described by the complainant as an open wound resulting from
mistreatment during her detention, is consistent with a healed cut or a tear that has healed
secondarily without stitches. Causes other than mistreatment cannot be ruled out. The
vaginal prolapse described in the report happened recently, and it is therefore unlikely that
there is a clear causal relationship with the sexual violence the complainant claims to have
endured. Given that her scars could have had several other causes, and that it was
concluded that the lesion on her left arm and the varicose veins likely had other causes, it
cannot be concluded that these marks resulted from mistreatment during her detention. The
epileptic seizures could also have had other causes. The scars and symptoms therefore do
not constitute sufficient evidence to support the complainant’s claims that she was
subjected to torture. Moreover, the Institute for Human Rights and Medical Assessment
based its conclusions on the complainant’s statements, presuming them to be true. Aliens
provide false statements to the Institute in order to improve their position. The State party
did not have a duty to conduct a medical examination because: (a) further investigation into
the complainant’s scars would be of no use, as they would lead to the conclusion that they
could have resulted from causes other than those alleged by the complainant; (b) the
complainant did not ask for a medical examination to be conducted at an early stage in the
proceedings; and (c) the situation in Côte d’Ivoire has now changed, such that the
complainant should not fear experiencing ill-treatment if returned there.
1
CAT/C/31/D/209/2002.
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