CAT/C/56/D/580/2014
2013, his counsel requested information about the 18 December 2013 incident in the prison
in order to file the complaint. A prison report dated 18 December indicated that the
complainant started a hunger strike on 17 December 2013. The use of force was initiated on
18 December 2013 in the morning, notably the complainant was handcuffed for about an
hour in order to stop his attempts to harm himself. In connection to the scheduled
transportation to the Turkish Embassy, the complainant had cut himself. The cuts were
assessed as “superficial” by the prison staff. The complainant argues that prison guards and
police officers are not trained to provide such an assessment. Furthermore, he reiterates that
no doctor or nurse examined him before the police drove him towards the Turkish Embassy
in Copenhagen. The complainant submits that the use of force against him amounts to
inhuman and degrading treatment. He further contends that he was naked when several
prison guards attacked him in his cell and, while he was still bleeding, forced him to the
floor on his front and handcuffed him on his back. This is disputed by the State party but,
according to the complainant, no proper investigation of the incident was initiated. No
medical assistance was provided by trained medical personnel until after his return. On 30
December 2013, the complainant filed a complaint claiming violation of articles 12 and 16
of the Convention. On 8 January 2014, the prison rejected any wrongdoing with regard to
the incident. On 26 February 2014, the complainant appealed to the Ministry of Justice. On
22 May 2014, the Ministry rejected the appeal, stating that it was a matter to be addressed
to the courts. The complainant submits that all the domestic remedies were exhausted as the
issue was dealt with by the City Court in 2013 and the High Court, respectively, on 12
December and on 20 December 2013. Subsequently, on 20 February 2014, the Supreme
Court refused to consider the case on appeal.
5.4
The complainant also criticizes specific observations made by the State party
concerning the facts of the case. Firstly, he points out that he has had no access to any
torture victim rehabilitation programme while in Denmark and, on the contrary, was
detained for six months between November 2012 and May 2013 and for two months
between November 2013 and January 2014. Regarding the criminal proceedings against
him, he submits that the “criminal” offences he committed were possession of hashish for
his own use and possession of a fake identity card. He claims that many torture victims
without proper treatment use hashish for “self-medication”. Under Danish criminal law, he
was sentenced to 40 days’ imprisonment and expulsion with a 6-year re-entry ban. With
respect to the District Court decision dated 12 December 2013, permitting the national
police to present the complainant to the Turkish Embassy in Copenhagen and ordering the
Danish Prison and Probation Service to remove him from the cell and to commit him to the
care of the police, the complainant maintains that the State party omits to inform the
Committee that he appealed that decision. He further states that the High Court decided in
favour of the police, allowing them to take the complainant to the Turkish Embassy by
force on 20 December 2013. However, the police had already tried to take him to the
Embassy on 17 December and again on 18 December. The complainant also maintains that,
from the State party’s submission, it can be established as fact that no medical staff were
present at the incident to establish that the bleeding from his wounds has stopped. He
further contests the State party’s explanation that he put on a sweater, as it implies that his
hands were free. He maintains that he was handcuffed and only after the police refused to
take him into their car naked and still bleeding did the prison staff take him back in the cell,
force him to the floor, take off his handcuffs, dress him in a sweater and then handcuff him
again. The complainant also challenges the observation made by the State party as to the
reason why the police returned to the prison instead of handing him over to the Turkish
Embassy. He submits that his counsel had filed the appeal with the High Court against the
order of 12 December 2013 earlier than claimed and not on 18 December, when the
“operation” had already started. He further alleges that the State party is lying about that
because the present communication is highly controversial in the Danish context.
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