CAT/C/52/D/466/2011
asylum in Romania in 1997, it follows from his Romanian asylum file that he requested
asylum at the Greek embassy in Romania in 1996. In the light of those inconsistencies,
which have not been reasonably explained by the complainant, the State party is unable to
accept his statements.
4.7
The State party refutes the complainant’s contention, with respect to the Appeals
Board decision of 8 November 2002, that the assessment of his credibility was based on his
failure to notify the Danish authorities of his refugee status in Romania. It explains that the
Board was then unaware of his failure to do so. It further argues that the fact that the
complainant had been granted refugee status in the past, in another country, is not in itself
sufficient to conclude that his removal to Turkey would contravene article 3 of the
Convention.
4.8
As to the complainant’s contention that the Danish authorities have failed to conduct
a medical examination, the State party submits that the present case did not warrant
otherwise in the light of the finding of the Appeals Board that the complainant had failed to
substantiate the risk of being subjected to torture, if returned to Turkey. The State party
explains that the Board may request a medical examination in cases invoking torture as a
reason for granting asylum. The decision as to the necessity of such an examination is
usually made at a Board hearing. The necessity of such an examination is determined on a
case-by-case basis and is particularly contingent on the credibility of the torture-related
claims. If the Board considers such a claim credible but establishes no real and present risk
of torture upon return, a medical examination will normally be dispensed with. Similarly,
such an examination will not be necessary if the Board considers that an asylum seeker has
not been credible throughout the proceedings, and it rejects his torture claim altogether.
However, when the Board considers that an asylum seeker meets the requirements for a
residence permit under article 7 of the Aliens Act13 but the accuracy of his statement
remains questionable, a medical examination can be conducted. The State party also
submits that the complainant’s alleged torture during his imprisonment between 1983 and
1991 is not in itself a sufficient ground for granting asylum.
4.9
The State party challenges the relevance of the complainant’s reference to the
Committee’s case law. It submits that the authors of communications Nos. 373/2009 and
349/2008 were members of the Kurdish Workers Party (PKK) who participated in the
organization’s armed fight and therefore risked persecution under the Turkish AntiTerrorism Law. Communications Nos. 409/2009 and 460/2011, in which the Appeals
Board reopened the asylum proceeding and issued residence permits to the complainants,
were submitted by nationals of the Syrian Arab Republic and Eritrea, respectively.
However, it should be noted that the facts are distinguishable, including country-specific
information regarding the Syrian Arab Republic and Eritrea as compared to Turkey, in the
present case.
4.10 As to the complainant’s reference to the description of his alleged torture that was
included in the 2002 decision of the Appeals Board, the State party clarifies that the
13
8
Article 7 of the Aliens (Consolidation) Act No. 785 of 10 August 2009 reads:
7. (1) Upon application, a residence permit will be issued to an alien if the alien falls within the
provisions of the Convention relating to the Status of Refugees (28 July 1951).
(2) Upon application, a residence permit will be issued to an alien if the alien risks the death
penalty or being subjected to torture or inhuman or degrading treatment or punishment in case of
return to his country of origin. […]
(3) A residence permit under subsections (1) and (2) can be refused if the alien has already
obtained protection in another country, or if the alien has close ties with another country where the
alien must be deemed to be able to obtain protection.