CAT/C/56/D/580/2014
of Kurdish organizations, including the Kurdish Workers Party (PKK). He was beaten with
batons, stripped naked, hung upside down and doused with ice-cold water. The last such
detention happened in March 2010.
2.2
In 2008, the complainant was called for military service in Turkey. Fearing he would
be forced to fight against other Kurds (against PKK, for example), he refused to go. He was
also afraid that, during the military service, he would be subjected to inhuman treatment
due to his ethnicity. He further feared that, if returned, he would be imprisoned for evasion
of military service and subjected to inhuman treatment in prison. He also argues that, since
Turkey has no alternative military service, his prison sentence will be followed by “forced
performance of the military service” and that the latter will amount to torture and inhuman
treatment.
2.3
The complainant arrived in Denmark in November 2010. He applied for asylum on
13 November 2012. On 31 May 2013, the Danish Immigration Service rejected his
application. On 30 August 2013, his appeal of this decision was dismissed by the Danish
Refugee Appeals Board, which denied his request for a medical examination for signs of
torture. The complainant contends that he has exhausted all available and effective
domestic remedies, as it is not possible to file appeals against decisions of the Board.
2.4
On 4 November 2013, the complainant was arrested by the Danish police. On 6
November 2013, the court in the town of Hillerød ordered his detention until 3 December
2013. On 3 December 2013, the same court extended the detention until 17 December
2013.
2.5
The complainant submits that the police had made arrangements to take him to the
Turkish Embassy on 10 December 2013. Since he protested, on 12 December 2013, the
police brought him to court in order for it to decide whether he could be brought by force to
the Turkish Embassy, which it allowed. The complainant appealed that decision but, while
the appeal was still under consideration, on 18 December 2013, the police tried to force him
to go to the Turkish Embassy. Because he was afraid that would focus the attention of the
Turkish authorities on him, the complainant resisted and made cuts on his arms and torso.
The detention centre guards disregarded that and handed him over, half-naked and
bleeding, to the police, who then drove him to Copenhagen, but before reaching the
Embassy they reconsidered and returned him to the detention centre. He was not allowed to
see a doctor but was treated by a nurse upon his return to the prison cell. Consequently, he
went on a hunger strike.
The complaint
3.1
The complainant claims that the State party would violate his rights under article 3
of the Convention by deporting him to Turkey. He asserts that he had been subjected to
torture in the past and that the State party did not dispute that.
3.2
The complainant also maintains that the State party violated article 3 (2) of the
Convention by infringing upon procedural rights during the asylum process. He notably
submits that the Refugee Appeals Board denied him the right to a medical examination,
which would have confirmed the incidents of past torture. He further submits that his
asylum application was rejected on the ground of lack of credibility, but the Board decision
was not unanimous, with some members disagreeing. Furthermore, he raises the concern
that asylum seekers cannot appeal the Board’s decisions in court. 2
2
The complainant refers to the concluding observations of the Committee on the Elimination of Racial
Discrimination on the sixteenth and seventeenth periodic reports of Denmark (CERD/C/DEN/CO/17).
3