CCPR/C/119/D/2240/2013
4.16 Coming to the examination of the author’s case by the Refugee Appeals Board, the
State party asserts that the decision to uphold the refusal by the Danish Immigration Service
to grant asylum was made by the Board on the basis of a comprehensive and thorough
examination of the evidence in the case, comprising a specific and individualized
assessment of the author’s asylum grounds combined with its background knowledge of the
general situation in Afghanistan and the specific details of the case. The State party
therefore asserts that the author is attempting to use the Committee as an appellate body to
have the factual circumstances advocated in support of his claim for asylum reassessed by
the Committee. The State party submits that the Committee must give considerable weight
to findings of the Board, which is better placed to assess findings of fact in the author’s
case. The State party also avers that all information, including the author’s medical record
from the Danish Red Cross, was taken into consideration in forming its decision. The State
party provided an official translation of the Board’s decision.
4.17 Regarding the assessment made by the Board as to the credibility of the author’s
statements, the State party reiterated the decision of the Board of 21 November 2012 in
which it was found that the author had not rendered it probable that he would be persecuted
upon his return to Afghanistan. The conclusion was reached on the basis of the author
having made inconsistent statements during the proceedings and the fact that his statements
were not credible. The State party therefore submitted that there was no reason to question
the assessment made by the Board.
4.18 The State party also observes on this point that the author’s statement on the attack
in August 2009 and the subsequent events appear improbable, in view of the background
information available on Afghanistan concerning the activities and mode of operation of the
Taliban relative to persons suspected by the Taliban of supporting the Government and/or
cooperating with foreign organizations.
4.19 The State party argues additionally that the author had also changed and expanded
his statement on other points in connection with proceedings before Danish authorities. For
example, the author only told his then-assigned counsel immediately before the Board
hearings that he had recognized one of the original attackers from the taxi incident as being
someone he had previously seen in the compound of the ministry in Kabul and that he had
again recognized that person as one of the three who had come to his home in March 2011.
Moreover, the author had only for the first time said to his then-assigned counsel that two
persons had tried to get hold of him about two months after his discharge, and also did not
say until the Board hearing that he had requested the ministry’s office in Paktika Province
to find a taxi driver they trusted.
4.20 The State party also observed that the author had made inconsistent statements about
the move after the Taliban had visited his home in March 2011. At the interview with the
Danish Immigration Service, the author stated that he had lived in the new house, which
was situated about one and a half kilometres away from his family’s former home, for a few
days until his departure on 21 June 2011. However, the author stated to his then-appointed
counsel and at the Board hearing that he had lived in the new house for two or three months
until his departure from Afghanistan. The author was consequently, according to his own
statement, able to take up residence for three months about one and a half or two kilometres
away from the home at which the Taliban had sought him out, without being sought out or
otherwise harassed by the Taliban.
4.21 The State party observes that the author has had the assistance of an interpreter for
his mother tongue, Dari, at all interviews and hearings, and that he also subsequently had an
opportunity to read his statements together with an interpreter before he chose to sign them.
4.22 The State party therefore asserts that no evidence has come to light through the
proceedings before the Committee which has given the State party reason to change its
assessment of the author’s credibility.
4.23 The State party also asserts that the fact that the author has scars on his body cannot
be found to render it probable that the author was persecuted by the Taliban prior to his
departure from Afghanistan. In that connection, the State party observed that in view of the
general security situation in Afghanistan and information on the many violent incidents in
the country, the relevant injuries to the author must be considered, in the State party’s
6