CCPR/C/114/D/2389/2014 State party’s observations on admissibility and merits 4.1 On 17 November 2014, the State party submitted its observations on the admissibility and merits of the communication. It considers that the communication should be held inadmissible for lack of substantiation of the author’s allegations as to the risk of being subject to torture or ill-treatment if returned to the Islamic Republic of Iran, and as to the discriminatory character of the refugee appeals board decision of 18 March 2014. 4.2 The State party alleges that, should the communication be considered admissible, the facts as presented by the author do not reveal a violation of articles 7 and 26 of the Covenant. The State party refers to the Committee’s jurisprudence according to which the risk of being subject to torture or ill-treatment must be personal and the author must provide substantial grounds to establish that a real risk of irreparable harm exists. 13 4.3 The State party attests that, pursuant to section 7 (1) of the Aliens Act, a residence permit will be issued to an alien if he or she falls within the definition of refugee under the Convention Relating to the Status of Refugees. Pursuant to section 7 (2) of the Act, a residence permit will be issued if an asylum seeker risks the death penalty or being subjected to torture or inhuman or degrading treatment or punishment in case of return to his or her country of origin. In addition, according to section 31 (2) of the Act, no alien may be returned to a country where he or she will face persecution in the terms established in the Convention. The State party also attests that, in order for refugee appeals board decisions to be in accordance with Denmark’s international obligations, the board and the Danish immigration service have drafted memorandums describing the legal protection of asylum seekers afforded by international law, including the International Covenant on Civil and Political Rights. 4.4 The State party describes the proceedings before the refugee appeals board. These proceedings are oral. The board may if needed assign a legal counsel to the asylum seeker free of charge. The asylum seeker attends a hearing where he is allowed to make a statement and answer questions. The decisions of the board are made on the basis of an individual and specific assessment of the relevant case. The asylum seeker’s statements regarding his grounds for asylum are assessed in the light of all relevant evidence, including what is known about the conditions in his country of origin. In this connection, the State party attests that the board has a comprehensive collection of general background material on the situation in countries from which Denmark receives asylum seekers, including information from UNHCR, the Danish Ministry of Foreign Affairs, the Country of Origin Information Division of the Danish immigration service, the Danish Refugee Council and other reliable sources.14 The asylum seeker should substantiate that the conditions to grant asylum are met in his or her case. The asylum seeker is guided as to this duty to provide information and as to the importance to provide details. 4.5 The State party attests that, normally, if the asylum seeker’s statements appear coherent and consistent, the refugee appeals board considers them as facts. When the asylum seeker’s statements are characterized by inconsistencies and changes, expansions or omissions, the board tries to clarify the reasons. In the case under review, the author’s statements were inconsistent on crucial parts of his grounds for seeking asylum, therefore weakening his credibility. In cases where inconsistencies are found, the board takes into 13 14 6 The State party cites the Committee’s views in communication No. 2007/2010, X v. Denmark, Views adopted on 26 March 2014, para. 9.2. The State party indicates that such sources are Amnesty International, Human Rights Watch, the country reports of the United States of America Department of State, the British Home Office, the Immigration and Refugee Board of Canada, the Norwegian Country of Origin Information Centre, Council of Europe reports and, to some extent, articles from identifiable international journals.