CAT/C/56/D/580/2014
reasonable ground to believe that acts of torture or ill-treatment have been committed or
that an investigation should therefore have been commenced concerning the treatment by
the police on 18 December 2013. Furthermore, the State party argues that the complainant
is not seen to have claimed at any time to the Danish authorities that he wanted to complain
of his treatment and therefore he has not exhausted the domestic remedies.
4.13 Regarding the complainant’s criticism of the Danish authorities’ failure to examine
him for signs of torture, the State party observes that it is at the discretion of the Refugee
Appeals Board to ask an asylum seeker to submit to an examination for signs of torture.
The decision as to whether it is necessary to make such examination will typically be made
at a Board hearing. It depends on the circumstances of the specific case whether such
examination is deemed necessary, e.g., the credibility of the asylum seeker’s statement
about torture. Thus, an examination will not be relevant in cases where an asylum seeker
has appeared not credible throughout the proceedings and the Board rejects the asylum
seeker’s statement about torture in its entirety. 10
4.14 The State party comments that the burden is upon the complainant to present an
arguable case establishing that he runs a foreseeable, real and personal risk of being
subjected to torture and that the danger is personal and present. The State party relies
entirely on the decision of the Refugee Appeals Board. It refers to the fact that, when
interviewed by the Danish Immigration Service on 14 February 2013, the author stated that
he had become a member of PKK in 2009, whereas, when interviewed again by the Service
on 21 March 2013, he stated that he did not become a member of PKK until mid-2010, but
that he had been contemplating it since 2008 or 2009. At the Board hearing on 30 August
2013, the author stated that he did not become active for PKK until 2010, but that he had
become a member from the day that he had come into contact with a person in Alanya and
told him that he wanted to join PKK. In the State party’s view, in view of those inconsistent
statements, it cannot be accepted as a fact that the author had joined PKK. Concerning the
incident in which the complainant and other members of PKK were allegedly caught in
crossfire on a mountain, the complainant stated in his asylum application form of 20
December 2012 that he had realized that he was unable to carry out lawful political work in
Diyarbakir and that he had therefore had no other alternative but to go up into the
mountains and become part of PKK. When interviewed by the Danish Immigration Service
on 14 February 2013, he also stated that he had found out that his political work could not
be carried out in a lawful manner, for which reason he had decided to fight for justice by
taking up weapons and going to war. At the Board hearing on 30 August 2013, he stated
that the intention had been that he was to receive military training and lectures in political
ideology in order to join the guerrilla unit. In that light, the State party also finds that the
complainant’s statement that he had allegedly reacted by becoming afraid when caught in
crossfire on the mountain lacks credibility. The State party also relies on the Refugee
Appeals Board’s finding the complainant’s statement about his cousin’s arrest and the
complainant being wanted in that connection lacked credibility. It is observed in that
connection that he stated, when interviewed by the Danish Immigration Service on 14
February 2013, that his cousin had been arrested in 2008 and, later, that he himself had
been detained by the police several times between 2009 and 2010. This also appeared on
his asylum application form of 20 December 2012. When asked at the Board hearing on 30
August 2013 whether the Board had correctly understood that the complainant had been
detained most recently in Diyarbakir in 2010 and whether he knew why the police had not
told him on that occasion that he was listed as wanted, he replied that the reason was that he
came from Konya and that he had first been listed as wanted in the Konya area. In the State
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The State party also provides extensive background information on the asylum process in Denmark
and the operating procedures of the Refugee Appeals Board.