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 10 8 The State party also provides extensive background information on the asylum process in Denmark and the operating procedures of the Refugee Appeals Board.

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