CAT/C/57/D/593/2014
The complaint
3.1
The complainants claim that the Refugee Appeals Board ignored their political
asylum status in Canada, as well as the decision by Denmark not to extradite them to
Romania. They claim that, if deported to Romania, they would risk persecution and be
subjected to torture.
3.2
This belief arises from that fact that they published their story in the media in
Romania while exposing M.C. as corrupt. Because of that disclosure, coupled with the
refusal of Denmark to extradite them, they are convinced that, if returned, they would be
tortured, beaten, punished or even killed in prison. They also refer to many cases of death in
custody in Romanian prisons. They further claim that the reasons for their prosecution in
Romania were caused by corruption.
State party’s observations on admissibility and the merits
4.1
By a note verbale of 29 September 2014, the State party submitted its observations
on the admissibility and merits of the communication. It recalled the facts of the case and
also provided excerpts from relevant domestic legislation and international law. The State
party submitted that the complainants had been arrested on 2 January 2013, based on the
European arrest warrants issued on 16 September 2011.
4.2
By letters of 17 January 2013, 25 January 2013 and 1 February 2013, the Ministry of
Justice of Denmark asked the authorities of Romania whether the complainants had
appeared in person in court proceedings in Romania, in accordance with the requirements
of the Act on Extradition of Offenders (Denmark). Based on the replies from the authorities
of Romania, the Justice Ministry decided not to extradite the complainants, since “it had not
been possible to determine the scope” of the participation of the complainants in the court
proceedings. The State party submits that the Ministry of Justice of Denmark did not make
any other findings, including with regard to the risk of torture or persecution or other
inhuman or degrading treatment or punishment relevant under asylum law.9
4.3
On 24 January 2013, the complainants applied for asylum in Denmark. On
1 October 2013, the Danish Immigration Service rejected the complainants�� asylum
applications. The case was then brought to the Refugee Appeals Board. On 25 February
2014, the Board upheld the decision of the Service.
4.4
On 25 February 2014, the Board found that the applicants had given “vague and
general” statements about threat of persecution in Romania. It also noted that the applicants
had given inconsistent statements about the alleged kidnapping of I.M.’s son, the duration
of the period in which threats had been made against them, threats after their departure and
other details.
4.5
The Refugee Appeals Board specifically noted that, while the threats had started in
2001, the complainants had not left Romania until the imposition of a criminal sentence on
9
While acknowledging that the Ministry of Justice of Denmark refused to extradite the complainants
based on the failure by the authorities of Romania to satisfy the requirements of the European arrest
warrant, the State party argues that the Ministry of Justice of Denmark did not make any other
determinations. For example, the State party argues, the Ministry did not determine whether, in
addition to the requirements of the European arrest warrant, there were other grounds for refusing
extradition, including the question whether there was a risk that, following extradition, the
complainants would be subjected to persecution or torture, or other inhuman or degrading treatment
or punishment relevant under asylum law. The State party claims that, independent of the Ministry of
Justice, the Danish Immigration Service and the Refugee Appeals Board made a finding that the
complainants’ request for asylum should be rejected as manifestly ill-founded.
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