CAT/C/64/D/693/2015
Taliban commander who had many informants in the city and could bribe anybody to
achieve his intentions.
4.9
The State party indicates that, in its decision of 17 September 2015, the Refugee
Appeals Board found that the complainant’s statement that he had returned to Afghanistan
to marry lacked credibility. The complainant had not provided the information that he had a
girlfriend in Afghanistan at any time during the examination of his application by the
Danish Immigration Service, or at the hearing of the Board in 2012, and subsequently made
inconsistent statements as to whether he had had contact with his girlfriend. Furthermore,
the complainant provided divergent statements as to whether he had married at all and
where the marriage was contracted. In that respect, the complainant stated to the police on
26 June 2015 that he had married an Afghan woman in late 2014, but that due to the
problems that he had faced following his return to Afghanistan, he had never had the time
to have a marriage certificate issued. However, at the Board hearing on 17 September 2015,
the complainant stated that his girlfriend was not really his spouse, as they had been
married at an unofficial ceremony in the Islamic Republic of Iran.
4.10 The State party observes that the information on the complainant’s date of birth and
the spelling of his, his father’s and his paternal grandfather’s names on the certificate of
nationality presented in the initial asylum proceedings do not correspond with the contents
of the documents presented by the complainant after re-entering Denmark in 2015. On that
basis, the Refugee Appeals Board deemed that at least one of the documents had been
obtained for the occasion. The State party agrees with the assessment of the Board that this
conflicting information reduced the complainant’s credibility even further. The State party
adds that, when applying for asylum in Sweden, the complainant did not present to the
Swedish authorities the certificate of nationality allegedly obtained when he allegedly
returned to Afghanistan, as evidenced by the Swedish authorities’ request of 8 May 2015 to
have the complainant returned from Sweden to Denmark under the Dublin Regulation. This
directly contradicts the complainant’s statement to the Board on 17 September 2015, in
which he claimed that he had presented his certificate of nationality in Sweden.
4.11 The State party submits that the fact that the complainant is a young ethnic Hazara
from Paktia Province cannot in itself justify his eligibility for international protection.
During the asylum proceedings in Denmark, he had not referred to his ethnicity as a
circumstance justifying asylum. According to the Eligibility Guidelines for Assessing the
International Protection Needs of Asylum-Seekers from Afghanistan of the Office of the
United Nations High Commissioner for Refugees (UNHCR), the Taliban attack civilians in
local communities in which the local population does not support them, primarily targeting
tribal elders, religious leaders and women in the public sphere, and those holding public
office. The State party observes that the complainant appears to be a low-profile individual,
who has never experienced any problems with the Afghan authorities. It is also quite
improbable that the Taliban would attempt to forcibly recruit people in Hazara communities,
because the Taliban and the Hazara do not trust each other. 16 Accordingly, the State party
affirms that the complainant will not risk abuse contrary to article 3 of the Convention, due
to his age and ethnicity, in Afghanistan.
4.12 Regarding the complainant’s reference to K.H. v. Denmark, the State party indicates
that that case is different from the present one. In K.H., the Board considered plausible the
complainant’s allegations that he would be subjected to torture by the Taliban if returned to
Afghanistan.
4.13 The State party also refers to Z. v. Denmark (CAT/C/55/D/555/2013, para. 7.5), in
which the Committee considered that, although the State party rejected the complainant’s
request to conduct a medical examination, the complainant had failed to substantiate basic
elements of his claims, and therefore the Committee found that it had not been
demonstrated that the authorities had failed to conduct a proper assessment of the risk of
torture.
16
6
See Denmark, Danish Immigration Service, Afghanistan: Country of Origin Information for Use in
the Asylum Determination Process, report of the Danish Immigration Service’s fact-finding mission
to Kabul, Afghanistan, 25 February–4 March 2012 (Copenhagen, 2012).