CAT/C/49/D/464/2011
4.2
The State party provided information concerning the asylum proceedings carried out
by the Danish Immigration Service and the Refugee Appeals Board. On 23 August 2010,
the complainant claimed that he was detained twice, once by the Taliban and once by the
Afghan authorities. The authorities accused him of having organized an explosion in
Jalalabad. His wife’s uncle had bribed the authorities to let him escape. The police was
looking for him and if he was re-arrested he would probably be killed by the authorities. As
to the Taliban, the complainant and his family had been threatened by the Taliban in
Chaparhar, which believed that they were spies for the Government. About three or four
years ago the complainant’s house had been hit by missiles and his father and brother were
killed in that connection.
4.3
On 2 September 2010, the Immigration Service conducted an interview with the
complainant. He claimed that about six months ago, he was on his way out of the building
in which he worked when an explosion occurred near the airport in Jalalabad, so he stayed
inside the building for a while before going out. However, the police arrived and detained
him and four colleagues. They were all brought to a police district office in Jalalabad and
put in the same cell together with other people. He stayed in detention for two days. In this
period he was interrogated three times daily and subjected to violence by policemen in the
form of blows with rifle butts and kicks. His colleagues were released, but he stayed in
detention because he came from Chaparhar, a village from which many terrorists came. He
was released after paying a large bribe. However, the authorities told him that he should
leave the country. He also told the Immigration Service that previously, while he was
helping to build a new road, the Taliban came one night and detained him and seven other
people. He was tied to a tree and beaten with pieces of wood and rifle butts. The following
morning, when the town’s inhabitants arrived at the place he and the others had been left,
they were freed. When asked, he stated that he had not been detained at any other time or
otherwise had any other problem in Afghanistan. He further pointed out that he participated
in demonstrations against the Taliban three or four years ago.
4.4
On 21 October 2010, the complainant was interviewed again by the immigration
authorities. He first asserted that he had never been detained or arrested by the authorities in
Afghanistan, nor was he wanted by them. Afterwards, he stated that he had been detained
by the police in connection with holiday festivities six months before his entry into
Denmark. Confronted with his earlier statement, he said that he thought that the question
was whether he had had problems while President Najibullah was in power and not while
President Karzai was in power. During the interview, he also held that he was working
outside a building when the explosion happened in Jalalabad and that he started running in
the opposite direction of where policemen were, because they were shooting and he could
be hit by gunfire. After the authorities pointed out that this did not coincide with his
previous statement, he said that he stayed outside the building. When the authorities asked
him why he did not request the police to contact his boss at the building construction site in
order to corroborate his statements, he said that he did not have a real boss and that only an
engineer occasionally came to supervise the work and paid his wages. When asked whether
the police who received the bribe stipulated conditions for his release, he replied in the
negative. When confronted with his previous statement, he stated that his wife’s uncle was
the one who told him to leave, but the police also wanted him to leave Afghanistan. As to
his allegations that his family was sought by the Taliban, he noted that given his father’s
and brother’s work positions, the Taliban thought they were Government spies.
4.5
On 17 January 2011, at the Refugee Appeals Board hearing, the complainant
claimed that he was on his way home from work and had walked for about 20 minutes,
close to the airport, when the explosion occurred. Confronted with his previous statements,
he replied that he was on his way out of the building when the explosion occurred, that he
ran away from the site, that the police told him to stop, but he ran on because he panicked.
He also pointed out that he had been detained because he spoke Pashto and came from Tora
5