CAT/C/51/D/429/2010
country. The UNHCR guidelines thus have no decisive influence in themselves.
Nevertheless, the State party maintains that recommendations and background material
from UNHCR formed a crucial element of the Board’s processing of the case and were
accorded material importance. The State party maintains that such understanding is in line
with the views of the European Court.9 It further refers to the Committee’s own practice
that the existence of a pattern of gross, flagrant or mass violations of human rights in a
country does not as such constitute sufficient reason for determining that a particular person
would be in danger of being subjected to torture on return to that country; additional
grounds must be adduced to show that the individual concerned would be personally at risk.
Similarly, the absence of a consistent pattern of flagrant violations of human rights does not
mean that a person cannot be considered to be in danger to be subjected to torture in his or
her specific circumstances. It further points out that in the case of N.A. v. the United
Kingdom of Great Britain and Northern Ireland, the European Court established that there
was no general risk of treatment contrary to article 3 to all Tamils returning to Sri Lanka10
and notes that the above decision was taken before the decision of the Board of 19 May
2010 in the complainant’s case.
6.2
The State party further maintains that the complainant must establish that there are
substantial grounds for believing that she would be in danger of torture were she to be
expelled at present, namely at the time of the assessment of the case by the Committee. The
State party maintains that the present case is clearly distinguishable from the case of N.A. v.
the United Kingdom, since in that case the applicant had left Sri Lanka clandestinely after
being arrested and detained by the army on six different occasions, on at least one occasion
he had been ill-treated and scarred and he had been photographed and his fingerprints
taken.
6.3
Regarding the complainant’s allegation that there were translation errors in her
application form, she had submitted previously to the authorities that there had been one
error, namely the year of the death of her nephew had been translated mistakenly. The
Board took that into consideration. No other typing mistakes or erroneous translation had
been detected. In addition the complainant had sent a four-page letter to the Danish
Immigration Service, giving a thorough account of her motive for asylum and therefore the
State party considers it unlikely that she had tried to suppress information, but on the
contrary had tried to adduce information to the case.
6.4
Regarding the torture examination, the State party refers to its previous observations,
namely that the incident when she had been detained and beaten and her teeth were
knocked out is a central element of her application and that the authorities found it unlikely
that she had forgotten to mention it in her initial application, but only remembered about it
in November 2009, more than six months later. The State party further reiterates the
reasoning of the Board for rejecting the complainant’s application (see paragraph 4.4
above).
Complainant’s further information
7.
On 20 July 2011, the complainant made reference to the Committee’s jurisprudence
in communication 91/1997, A. v. the Netherlands, where the complainant also had scars
from past torture and the Committee found that the State party had failed to explain why his
claims were considered insufficiently substantial as to warrant a medical examination.11
9
10
11
8
The State party made reference to the European Court cases N.A. v. the United Kingdom, judgment of
17 July 2008 and F.H. v. Sweden, appl. No. 32621/06, judgment of 20 January 2009.
Ibid.
Communication No. 91/1997, A.v. Netherlands, Views of 13 November 1998, para. 6.6.