CAT/C/55/D/555/2013
7.8
The Committee also takes note of the complainant’s submission that the Refugee
Appeals Board wrongfully denied his request for an oral hearing, because an oral hearing
before the Board would have given him the opportunity to convince the Board that he is
indeed an ethnic Uighur. The Committee, however, observes that in the present case, the
complainant had two interviews with the Danish Immigration Service, during which he had
the opportunity to present his case and elaborate on the evidence. During the interviews, the
complainant was asked that question and offered no consistent account regarding his
ethnicity. The Committee observes that the complainant has not explained how an oral
hearing before the Refugee Appeals Board would have given him the opportunity to
substantiate his claims of persecution and torture or to prove his ethnicity in a way that was
different from the opportunities he had already been given in the two interviews.
7.9
The Committee recalls paragraph 5 of general comment No. 1, according to which
the burden of presenting an arguable case lies with the author of a communication. In the
Committee’s opinion, the complainant has not discharged this burden of proof. 15
8.
In the light of the considerations above, and on the basis of all the information
submitted by the complainant, the Committee considers that the complainant has not
provided sufficient evidence to enable it to conclude that his forcible removal to his country
of origin would expose him to a foreseeable, real and personal risk of torture within the
meaning of article 3 of the Convention.
9.
The Committee against Torture, acting under article 22 (7) of the Convention,
therefore concludes that the complainant’s removal to China would not constitute a breach
of article 3 of the Convention.
15
See communication No. 429/2010, M.S. v. Denmark, decision adopted on 11 November 2013,
paras. 10.5 and 10.6.
11