CCPR/C/116/D/2422/2014 quasi-judicial body. The Board is considered to be a court within the meaning of Council of the European Union directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status. 10 The Board is composed of a chair and deputy chair, who are judges, and other members, who must either be attorneys, be nominated by the Danish Refugee Council (a civil society organization) or serve as part of the central administration of either the Ministry of Foreign Affairs or the Ministry of Justice. After two terms of four years, Board members cannot be reappointed. Under the Aliens Act, Board members are independent and cannot seek instructions from the appointing or nominating authority. The Board issues a written decision, which may not be appealed; however, under the Constitution of Denmark, applicants may bring an appeal before the ordinary courts, which have the authority to adjudicate any matter concerning limits on the mandate of a government body. As established by the Supreme Court, the ordinary courts’ review of decisions made by the Board is limited to a review of points of law, including any flaws in the basis for the relevant decision and the illegal exercise of discretion, whereas the Board’s assessment of evidence is not subject to review. 4.2 The State party notes that, pursuant to section 7, paragraph 1, of the Aliens Act, a residence permit can be granted to an alien if the person falls within the provisions of the Convention relating to the Status of Refugees. For this purpose, article 1.A of that Convention has been incorporated into Danish law. Although this article does not mention torture as one of the grounds justifying asylum, it may be considered as an element of persecution. Accordingly, a residence permit can be granted in cases in which it is found that the asylum seeker has been subjected to torture before coming to Denmark, and in which his or her resulting fear is considered well founded. This permit is granted even if a possible return is not considered to entail any risk of further persecution. Likewise, pursuant to section 7, paragraph 2, of the Aliens Act, a residence permit can be issued to an alien upon application if the alien is at risk of the death penalty or being subjected to torture or inhuman or degrading treatment or punishment if returned to his or her country of origin. In practice, the Refugee Appeals Board considers that these conditions are met if specific and individual factors render it probable that the person will be exposed to such a real risk. 4.3 The State party observes that decisions of the Refugee Appeals Board are based on an individual and specific assessment of each case. In practice, the Board assigns counsel free of charge to all asylum seekers. Oral proceedings before the Board are attended by the asylum seeker and counsel, as well as an interpreter and a representative of the Danish Immigration Service. During the hearing, the asylum seeker is allowed to make a statement and answer questions. The asylum seeker’s statements regarding the motive for seeking asylum are assessed in the light of all relevant evidence, including general background material on the situation and conditions in the country of origin, in particular whether systematic gross, flagrant or mass violations of human rights occur. Background reports are obtained from various sources, including the Danish Refugee Council, other Governments, the Office of the United Nations High Commissioner for Refugees, Amnesty International and Human Rights Watch. 4.4 The State party considers that the author’s claim under article 7 of the Covenant is manifestly ill founded, and is therefore inadmissible, because the author has not established a prima facie case that he would be subjected to torture or other ill treatment upon return to Armenia. The author did not produce any essential new information or views on his circumstances beyond the information already considered by the Refugee Appeals Board. 11 The author is therefore attempting to use the Committee as an appellate body to have the 10 11 The State party cites article 39 of that directive. The State party provides a full English translation of the Refugee Appeals Board decision, the contents of which are summarized in paras. 2.10-2.16 above. 7