CAT/C/28/D/146/1999
page 4
2.4
The Danish Immigration Service rejected the complainant’s application for asylum
on 22 May 1998. On 31 July 1998 her then counsel appealed to the Refugee Board. The
application was rejected on 4 August 1998, and the complainant was ordered to leave
Denmark on 19 August 1998. Two applications to reopen the complainant’s case, submitted
on 17 August and on 29 October 1998/1 December 1998, were refused by the Refugee Board
on 23 September 1998 and 26 January 1999 respectively.
2.5
In the Refugee Board decision of 4 August 1998’s grounds for rejection, the Board
considered that the attack of the prison on 31 December 1993, if it really happened, would have
been mentioned in the background material available on Georgia, and that the complainant’s
father would have mentioned this attack in his own application for asylum, which he did not do.
Even if basing its decision on the complainant’s story, the Board did not consider that the
complainant would be persecuted if returned to Georgia. They referred to information received
from the UNHCR regarding that Gamsakhurdia partisans are not persecuted only because they
have supported Gamsakhurdia.
2.6
In the application of 29 October 1998, counsel requested a reopening of the
complainant’s asylum case, in the light of new information he had received. This information
contained two new documents, including a death certificate for her husband and a declaration
from 10 of her neighbours in Gegetjkori, confirming that the complainant had been threatened
and persecuted by unknown persons, who also killed their dog, leaving it in front of their door as
a warning vendetta. Furthermore, counsel refers to media reports of new outbreaks between
Zwiadists and government forces. Counsel also submitted Amnesty International’s “Concerns
for Georgia”, October 1996, including information about torture and ill-treatment of political
prisoners. In the letter of 1 December 1998, he submitted the complainant’s Medical Record
dating from her arrival in 1996 and describing her experiences of being subjected to torture.
2.7
On 22 February 1999, counsel requested reopening of the case on the basis of two reports
from 1997 and 1998, from The International Helsinki Federation, describing serious human
rights violations in Georgia. In response to the Refugee Board’s grounds for rejection, he
contended that the reports show that freedom of expression is restricted in Georgia, and that it
was only in the authorities’ interest that the attack of the Zugdidi prison and escape of prisoners
was not published through local media. Furthermore, although the reports do not describe the
demonstration on 19 November 1993, they refer to several similar demonstrations in the periods
prior to and following the demonstration of 19 November 1993. He also submitted that the
complainant’s description of the prison conditions is consistent with the reports. On 8 March,
the Refugee Board rejected the application.
2.8
In May 1999, counsel directed letters about the complainant to 18 members of the
Danish Parliament, requesting that they address the Minister of the Interior and ask that the
complainant obtain a residence permit for humanitarian reasons. Seven members of the
Parliament contacted the Minister, who in turn referred the case to the Refugee Board, which
rejected the request.