CCPR/C/122/D/2642/2015
indicates that he cannot comment on the Ministry of Foreign Affairs’ memorandum dated
30 August 2013 as he has never had access to it.
5.7
He adds that the Board’s decision of 12 February 2016, which dismissed the
documents submitted by him on 10 December 2015,22 is wrong because it is not possible to
reject such documents as false on the basis of aspects such as “their appearance”. Moreover,
the fact that the Board rejected those documents because the author had previously
submitted documents not deemed genuine is unacceptable as it seems to conclude that a
person who once submitted documents not deemed genuine cannot ever produce an
authentic document. As per the State party’s reference to the report by Landinfo, according
to which it is easy to obtain false documents in Bangladesh, the author states that such
affirmation is not sufficient to conclude that his documents are false. In the author’s view,
the Board has based its decision on the appearance of the documents, rather than on any
evidence or well-documented facts.
Further submissions by the State party
6.1
On 2 December 2016, the State party provided further observations. It reiterates that
the author has not provided any new information on his initial grounds for asylum.
Regarding the author’s claim that he has difficulty concentrating and putting events in
chronological order owing to trauma, the State party submits that the Board is aware that
persons who have been subjected to torture or abuse cannot be expected to give a precise
and coherent account of all details of an asylum case. However, in the present case, the
author gave inaccurate and inconsistent statements, as well as evasive answers to specific
questions. Additionally, the author provides statements to the Committee that are
inconsistent with those he made during his asylum proceedings. The State party therefore
reiterates that it endorses the findings referred to by the Board in its decision of 7 January
2014.
6.2
The State party further notes that, during the asylum proceedings, the author was
given the opportunity to explain the inconsistencies in his accounts. In addition, during his
hearing before the Board, the author was asked elaborative questions on the inconsistencies
in his statements. The State party concludes that the author’s allegation that he could not
give precise statements owing to the trauma he had suffered cannot lead to a different
evaluation of his credibility.
6.3
Regarding the author’s allegations in relation to the method of interviewing and the
interpretation services during the asylum proceedings, the State party indicates that the
author never mentioned any problems in that regard before the domestic authorities or in
his initial complaint to the Committee. The State party notes that the author signed the
reports dated 8 November 2011 and 25 June 2012 after they were read out to him. The
latter report expressly indicates that the author did not have any problems understanding the
interpreter. Throughout the asylum proceedings, the author was advised about the
importance of giving as detailed and correct information as possible, and pointing out any
problems he might face in understanding the interpreter. Therefore, the State party
considers that the author has not rendered probable that any significant misunderstandings
occurred during his asylum proceedings owing to the interpretation provided or similar
reasons.
6.4
The State party reiterates that, according to background information on the human
rights situation in Bangladesh, including the reports quoted by the author, the author has
failed to render probable that he would risk any abuse by the Bangladeshi authorities or by
the Jamaat-e-Islami upon return, as he had a low profile in the organization and only
demonstrated that he was a sympathizer of the Jamaat-e-Islami.
22
See para. 2.12.
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