CAT/C/32/D/225/2003
Page 5
deported, nor had the Ministry decided on his application for a residence
permit on humanitarian grounds.
4.3
As to domestic immigration procedures, the State party submits that when the
Danish immigration authorities decide on applications for asylum, it assesses
the human rights situation in the receiving country, as well as the risk of
individual persecution in that country. Therefore, the complainant uses the
Committee only as an appellate body, to obtain a renewed assessment of his
claim, since the Danish Immigration authorities have already assessed whether
there are substantial grounds for believing that he would be in danger of being
subjected to torture if returned to India.
4.4
In any event, the complainant has not substantiated his fear of being subjected
to torture if returned. His statements about torture experienced are inaccurate,
and the examination carried out by the Institute of Forensic Medicine in a
major centre for rehabilitation of torture victims, does not support his version
of the events. With respect to the report of 28 September 2001 issued by the
medical group of Amnesty International, which concluded that the
complainant’s symptoms were compatible with the alleged experience of
torture, the State party recalls that it appeared from that report that it could not
be precluded that the complainant’s symptoms had arisen in a manner other
than by imprisonment and torture.
4.5
While considering the evidence of torture experienced insufficient, the State
party invokes the Committee’s jurisprudence, and submits that torture
experienced in any event is not sufficient to conclude that the complainant
would suffer such treatment upon return to India.
4.6
Finally, the State party argues that it is unlikely that the complainant would be
persecuted in India, since his mother lives there without problems, and since
he himself after his latest release from detention, managed to lease out his
property before departing for Denmark.
The complainant’s comments:
5.
By notes of 23 and 29 October 2003, counsel advised the secretariat without
giving further details that his client had “disappeared”, and that the Committee
should base its decision on the information already received.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a complaint, the Committee
against Torture must decide whether or not it is admissible under article 22 of
the Convention. In this respect the Committee has ascertained, as it is required
to do under article 22, paragraph 5 (a), of the Convention that the same matter
has not been and is not being examined under another procedure of
international investigation or settlement. The Committee notes that the State
party itself does not dispute that domestic remedies are exhausted.