CAT/C/59/D/634/2014
4.12 The Refugee Appeals Board thus found that the first complainant had failed to
substantiate that he had been detained and subjected to torture. As emphasized in the
reasoning of its decision, the Board considered whether the reason for the inconsistencies
described above and the other inconsistencies in the first complainant’s statements on the
case could be that he had been subjected to torture; however, the Board found that that
could not be the case. It is observed in this respect that the inconsistencies concerned one
isolated incident that took place shortly before the complainants’ departure in early January
2014. Accordingly, on the basis of its credibility assessment, the Board also could not
accept as fact that the authorities had gone to the complainants’ home after their departure.
In this context, the State party refers to the view expressed by the European Court of
Human Rights on several occasions: “It [the Court] accepts that, as a general principle, the
national authorities are best placed to assess not just the facts but, more particularly, the
credibility of witnesses since it is they who have had an opportunity to see, hear and assess
the demeanour of the individual concerned.”12
4.13 As to the complainants’ argument that, in its credibility assessment, the Refugee
Appeals Board did not take into account that persons who have been subjected to torture
have difficulties in giving an account of facts, the State party submits that the case of Ke
Chun Rong v. Australia referred to by the complainants differs considerably from the
present case. Both the first and the second complainants were interviewed several times by
the Danish Immigration Service and made oral statements in person before the Refugee
Appeals Board, and were therefore allowed the opportunity to account for any
inconsistencies. Upon an overall assessment of the information provided by the first
complainant in support of his asylum application and the other details stated in the case,
including the information provided by the second complainant, the Board could not find the
first complainant’s statements on his conflicts in the Russian Federation prior to his
departure to be factual. The State party observes in this respect that no information is given
in the complaint to the Committee that could result in a different assessment of the
credibility of the first complainant’s information on his grounds for seeking asylum.
4.14 The State party further submits that the letters from the complainants’ neighbours
submitted to the Committee (see para. 2.3) cannot lead to a different assessment of their
credibility. The State party finds it peculiar that the first complainant produced these letters
only when the complaint was brought before the Committee and not at the hearing before
the Refugee Appeals Board about a month earlier. It is further observed that, during the
asylum proceedings, the first complainant stated that, after his entry into Denmark, he had
been in contact with one of his sisters and that they had discussed his conflicts in the
Russian Federation, including the three occasions on which the authorities had gone to the
complainants’ house after they had left the country. The complainants, however, have given
no detailed reason why the letters could not have been produced earlier, nor described the
circumstances of the emergence of the letters. The State party therefore finds that the letters
appear to be pleadings in support of the complainants’ case and cannot be given any
independent evidential value.
4.15 Accordingly, the State party considers that the complainants will not risk
persecution or abuse justifying asylum in Denmark upon their return to the Russian
Federation and that their return will not constitute a violation of article 3 of Convention.
12
8
Application No. 41827/07, R.C. v. Sweden, judgment of 9 March 2010, para. 52. In application No.
71398/12, M.E. v. Sweden, judgment of 26 June 2014, the Court mentions “the credibility of the
applicant”.