CAT/C/56/D/580/2014
4.5
Specifically, concerning his compulsory military service, the Board reasoned that it
appeared unlikely that he would be called up for military service before reaching the age of
20 as, under Turkish military law, individuals are not called to perform compulsory military
service before that age. Furthermore, with regard to the complainant’s party membership
and political activities, two of the Board members reasoned that there is no basis for
rejecting his statement that he had been a member of lawful political parties from 2006 to
2010 (the Democratic Society Party and the youth branch of the Peace and Democracy
Party) and, in that context, he had attended demonstrations, Kurdish festivals and memorial
ceremonies and been apprehended and detained in that connection. However, the Board
members found that the complainant had failed to substantiate that he had become
conspicuous in any way owing to that or that these political activities constituted any risk to
his safety today. The other two Board members found that the complainant’s statements
must be rejected in their entirety and, accordingly, those two Board members could not
accept as a fact that he had been politically active and apprehended and detained in that
connection. Those Board members had taken into consideration that the complainant had
been unable to give a relevant account of when and how he had been active in the Kurdish
political parties and of the instances of detention relied upon.
4.6
The State party observes that the majority of the Refugee Appeals Board found that
the remaining part of the complainant’s statements about his grounds for asylum had to be
rejected as incoherent, lacking in credibility and fabricated for the occasion. Hence, the
majority of the Board could not accept as a fact that the complainant had joined PKK. In
that respect, it had been taken into particular account that he had made inconsistent
statements as to when he joined PKK and that he had replied vaguely and evasively when
questioned thereon by the Board. The majority of the Board also considered the
complainant’s statement about his reaction when he and his friends were caught in crossfire
on their way to the PKK training camp to lack credibility. His credibility was further
weakened by the fact that he had given elaborating statements to the Board when stating
that, before he left Alanya in 2008, it had been announced on television that his cousin had
been arrested and that the complainant himself was listed as wanted. Also, this did not in
any way seem coherent with his statements that he had been detained by the authorities
several times in 2009 for other reasons without the authorities realizing that he was wanted.
4.7
The State party further explains that, as the complainant had not been able to
substantiate the grounds for asylum invoked before the Refugee Appeals Board, the
majority of the members rejected his claim of being persecuted by the authorities or PKK.
The fact that he did not want to perform his compulsory military service did not justify
asylum or protection status. According to the background information available, he was not
at risk of any disproportionate sanction. The Refugee Appeals Board ruled in its decision
that the complainant had to leave Denmark immediately after the decision was handed
down, because it found that this was a matter of urgency as a consequence of the criminal
offence committed by him.
4.8
Concerning the return proceedings, the State party observes that, on 12 September
2013, the complainant had been summoned for an interview (departure monitoring) by the
national police, but failed to show up. An alert was therefore recorded in the Central
Criminal Register so that the complainant could be re-accommodated at the Sandholm
Reception Centre, and it could be impressed on the complainant that he had to stay in the
specified place and report to the national police at the specified times. On 4 November
2013, the Copenhagen police came across the complainant in Copenhagen by chance,
detained him pursuant to section 36 of the Aliens Act and placed him at the Ellebæk
Institution for Detained Asylum Seekers. In connection with departure monitoring carried
out by the national police on 5 November 2013, the decision of 30 August 2013 of the
Refugee Appeals Board was served on the complainant. He stated in that connection that he
could not return to Turkey and referred to his grounds for seeking asylum. He also stated
5