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Bora. Confronted with his previous statement, he submitted that Chaparhar and Tora Bora
were close to each other. Likewise, he was confronted with his previous inconsistent
statements concerning the conditions for his release. He told the authorities that the police
was afraid that he would tell someone about the bribe. For this reason the chief of police
required him to leave the country.
4.6
In the asylum registration report, the complainant stated that his lowest ribs had been
bruised two years before and that he was waiting for a medical examination. Otherwise, his
health was good. At the interview with the Immigration Service on 21 October 2010, he
asserted that in Denmark he was being treated for stomach complaints. In the pleading of
10 January 2011 submitted before the Refugee Appeals Board hearing, his counsel
requested a stay of proceedings to allow the complainant to be examined for signs of torture
and appended two memoranda dated 11 October and 13 December 2010, prepared by a
medical consultant. At the Board hearing in 17 January 2011, the complainant repeated his
statements and informed the Board that doctors in Denmark could not perform surgery on
his ribs and he therefore took painkillers. He also took medication because he had
nightmares.
4.7
Concerning its national legislation, the State party notes that pursuant to section 7,
paragraph 1, of the Aliens Act, a residence permit can be granted to an alien if the person
falls within the provisions of the Convention relating to the Status of Refugees. For this
purpose, article 1.A of that Convention has been incorporated into Danish law. Although
this article does not mention torture as one of the grounds justifying asylum, it may be an
element of persecution. Accordingly, a residence permit can be granted in cases where it is
found that the asylum seeker has been subjected to torture before coming to the State party,
and where his substantial fear resulting from the outrages is considered well-founded. This
permit is granted even if a possible return is not considered to entail any risk of further
persecution. Likewise, pursuant to section 7, paragraph 2, of the Aliens Act, a residence
permit can be issued to an alien upon application if the alien risks the death penalty or being
subjected to torture, inhuman or degrading treatment or punishment in case of return to his
country of origin. In practice, the Refugee Appeals Board considers that these conditions
are met if there are specific and individual factors rendering it probable that the person will
be exposed to a real risk.
4.8
Decisions of the Refugee Appeals Board are based on an individual and specific
assessment of the case. The asylum seeker’s statements regarding asylum motive are
assessed in the light of all relevant evidence, including general background material on the
situation and conditions in the country of origin, in particular, whether systematic gross,
flagrant or mass violations of human rights occur. Background material is obtained from
various sources, including country reports prepared by other Governments as well as
information available from the United Nations High Commissioner for Refugees and
prominent non-governmental organizations (NGOs).
4.9
In cases where torture is invoked as part of the basis for asylum, the Refugee
Appeals Board may request the asylum seeker to be examined for signs of torture. The
decision as to whether it is necessary to undertake a medical examination is made at a
Board hearing and depends on the circumstances of the specific case, such as the credibility
of the asylum seeker’s statement about torture.
4.10 The State party submits that it is the responsibility of the complainant to establish a
prima facie case for the purpose of admissibility of the complaint under article 22 of the
Convention. In the present complaint, it has not been established that there is substantial
ground for believing that the complainant would be in danger of being subjected to torture
if returned to Afghanistan. The complaint is manifestly unfounded and, therefore, it should
be declared inadmissible.
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