CAT/C/57/D/593/2014
them on 2 March 2011. The Board also stated in its decision that the complainants had
applied for asylum only after being arrested on 2 January 2013. Moreover, the Board
emphasized that the complainants had stayed in Romania for long periods of time since
initially reporting their problems in 2001.
4.6
As indicated in the submissions, the criminal case against the complainants was
adjudicated by several judicial instances in Romania. The complainants were present during
those hearings, and were represented by lawyers. The notion that the outcome of the
criminal case was the result of corruption, in full or in part, is based solely on the
complainants’ assumptions.
4.7
The State party therefore claims that the complainants failed to establish a prima
facie case for the purposes of admissibility. It has not been established that there are
substantial grounds for believing that the complainants are in danger of being subjected to
torture or other cruel, inhuman or degrading treatment if they are returned to Romania.
4.8
The State party relies entirely on the Refugee Appeals Board decision of
25 February 2014, in which the Board gave a thorough account of facts and assessed the
evidence presented. The complainants also had an opportunity to argue their case both in
writing and orally in front of the Board, with the assistance of counsel. The State party
further submits that the fact that I.M. has obtained asylum in Canada does not lead to a
different assessment of the facts at stake.
4.9
The State party submits that the complainants have failed to establish a prima facie
case for the purpose of admissibility and that the communication is therefore manifestly illfounded and should be declared inadmissible.
Complainant’s comments on the State party’s observations on admissibility and the
merits
5.1
On 30 December 2014, in reply to the State party’s observations, the complainants
submitted that they remained at risk of torture if returned to Romania. The fear of
persecution was well grounded, given the fact that I.M. had already received protected
status in Canada. I.M. had to travel back to Romania “in order to rescue” V.Z. from
persecution in Romania and take him with her to Canada.
5.2
The complainants further submitted that the initial request by the authorities of
Romania to extradite the couple had been denied by the Ministry of Justice of Denmark on
14 February 2013. Nevertheless, the complainants had been arrested and had to seek
asylum in order to avoid being extradited to Romania. The complainants did not seek to
stay in Denmark; their intention was to depart for Canada as soon as they could.
5.3
The Danish Immigration Service had rejected their asylum application as manifestly
unfounded. The Refugee Appeals Board had upheld that decision, stating that widespread
corruption might have influenced the outcome of the criminal case against the
complainants.
5.4
The mere fact that I.M. had already received international protection under the
Convention relating to the Status of Refugees meant that the authorities in Canada had
made a finding of an established fear of persecution. There was no question that, upon
return to Romania, the complainants would be placed in detention. The conditions of
detention, as stated before, violated the requirements of article 3 of the Convention.
5.5
The Danish Immigration Service and the Refugee Appeals Board had failed to make
a risk assessment as required by general comment No. 1 (1997) on the implementation of
article 3 of the Convention. There had been a pattern of gross, flagrant and mass violations
of human rights in Romania. Especially with regards to prison conditions in Romania, there
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