CAT/C/63/D/703/2015
Board did not consider the complainants’ statements on their conflicts in the Russian
Federation prior to their departure to be established facts. The State party recalls in this
respect that the Board does not initiate an examination for signs of torture in cases in which
it has been unable to find as established facts the complainant’s grounds for asylum. The
Board therefore found no basis for initiating I.U.K.’s examination for signs of torture. The
State party agrees with the Board’s assessment that there was no need for initiating such
examination and additionally observes that the complaint to the Committee includes no
information that can lead to a different assessment of the case.
4.9
As regards I.U.K.’s examination for signs of torture conducted by the Amnesty
International Danish Medical Group in April 2015, which was also taken into account by
the Board in its decision of 27 August 2015, the State party observes that the following
appears in the report about the objective findings: “The examination found, inter alia,
abnormal alterations on the root of the nose and skin alterations on the nose, a small scar on
the left upper lip and on the right shoulder, as well as missing upper and lower teeth.
According to the person examined, all the injuries stemmed from the torture. Further, a
number of scars were found on both legs and below the right ribcage as well as skin
alterations and an abnormality equivalent to the left jawbone. According to the information
provided, these changes did not relate to the torture. [I.U.K.] scored 2.75/4 on
psychological symptoms. Scores above 2.5/4 indicate post-traumatic stress disorder …
which is typically seen in persons exposed to severe stress, including acts of war and torture.
Overall, [I.U.K.]’s physical and psychological symptoms and the objective findings made
are fully consistent with consequences of the alleged torture.”
4.10 The State party submits that, in its decision of 27 August 2015 refusing to reopen the
asylum proceedings, the Board stated, inter alia, that the examination for signs of torture
conducted by the Amnesty International Danish Medical Group could not lead to a different
assessment of the credibility of the complainants’ statements. In this respect, the Board
found that the fact that it appeared from the examination that the physical and
psychological symptoms and objective findings were consistent with the torture described
by I.U.K. did not imply that he had been subjected to the physical and/or psychological
abuse described by him. Accordingly, based on an overall assessment of the information on
file, including the report made by the Amnesty International Danish Medical Group, the
Board still found that the complainants had failed to render probable the grounds for
asylum relied on by them, including that I.U.K. was detained and subjected to torture at the
end of September 2013 by persons in balaclavas wearing military uniforms as stated by him.
The State party agrees with the Board that the examination for signs of torture conducted by
the Amnesty International Danish Medical Group cannot lead to a different assessment of
the credibility of the complainants’ statements on their grounds for asylum. 11
4.11 The State party refers to the Committee’s jurisprudence 12 relating to cases in which
the Board could not accept an asylum seeker’s statement on his grounds for asylum as an
established fact and submits that it is aware of the Committee’s decision in F.K. v.
Denmark,13 in which the Committee considered that, by rejecting the complainant’s asylum
application without ordering a medical examination, the State party failed to sufficiently
investigate whether there were substantial grounds for believing that the complainant would
be in danger of being subjected to torture if returned to his country of origin. The State
party further submits that the above-mentioned decision does not imply a general obligation
to conduct an examination for signs of torture in cases in which an asylum seeker’s
statement on his or her grounds for asylum cannot be considered an established fact
because his or her statement is deemed to lack credibility. Accordingly, the reasoning given
in F.K. v. Denmark is very specific. The State party observes in this respect that F.K. v.
Denmark differs from the case at hand in that the Board explicitly took into account the
report made by the Amnesty International Danish Medical Group in its decision of 27
August 2015 refusing to reopen the asylum proceedings, whereas the report made by the
11
12
13
Reference is made to the European Court of Human Rights, Varas and others v. Sweden (application
No. 15576/89), judgment of 20 March 1991, paras. 77–82; and M.O. v. Denmark, paras. 6.4–6.6.
Reference is made to Z. v. Denmark (CAT/C/55/D/555/2013), para. 7.5; and M.S. v. Denmark
(CAT/C/55/D/571/2013), para. 7.6.
See, F.K. v. Denmark (CAT/C/56/D/580/2014), para. 7.6.
7