Alleged victim:The complainant State party:Denmark Date of complaint:13 May 2002 (initial submission) The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 17 November 2003, Having concluded its consideration of complaint No. 210/2002, submitted to the Committee against Torture by Mr. V.R. under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the author of the complaint, his counsel and the State party, Adopts the following decision under article 22, paragraph 7, of the Convention. 1.The complainant is Mr. V.R., a citizen of the Russian Federation residing in Denmark at the time of the submission of the complaint. He claims that his forcible return to the Russian Federation would constitute a violation of article 3 of the Convention against Torture by Denmark. He is not represented by counsel. The facts as submitted 2.1On 6 November 1992, the complainant and his wife entered Denmark and immediately applied for asylum. On 5 November 1993, the Danish Refugee Board upheld a previous decision of the Directorate of Immigration according to which the complainant and his family had to leave Denmark by 20 November 1993. The complainant and his family left Denmark and returned to Russia.a 2.2On 26 July 1994, and upon returning to the Russian Federation from Denmark, the complainant alleges that he was arrested and charged with unlawfully crossing the border, participating in subversive offences and defaming persons representing authority. He alleges that he was detained by the authorities from 26 July 1994 to 20 January 1998 and was subjected to various forms of torture, including having gas passed up through his windpipe until he vomited and forcing him to swallow soup straight from a bowl with his hands tied behind his back. In January 1996, he alleges to have been sentenced to three and a half years’ imprisonment for having unlawfully crossed the border, and having participated in subversive offences. Upon release, he became a member of the Citizens’ Union where he carried out activities on civil rights issues. As a result of these activities, he alleges to have come into conflict with the authorities, which again deprived him of his liberty and subjected him to torture. 2.3On 15 July 1999, the complainant and his wife and child entered Denmark for the second time; the next day, they applied for asylum. On 19 December 2001, the Danish Immigration Service refused asylum. On 21 March 2002, the Refugee Board upheld this decision and the complainant and his family were asked to leave Denmark. The complainant requested the Refugee Board to reopen the case, as he claimed that an opinion of the Department of Forensic Medicine of 21 December 2000 (“opinion of 21 December 2000”) was defective. He also stated that his wife had been subjected to torture and that she had had flashbacks during the Board hearing, as one of the Board members reminded her of a Russian police officer. On 27 June 2002, the Refugee Board considered his application but refused to reopen the asylum case. The complaint 3.1The complainant claims that as there is a real risk that he will be subjected to torture on return to the Russian Federation, his forced return would constitute a violation of article 3 of the Convention. He supports his fear of torture with the allegation that he was previously tortured, was an active member of the Citizens’ Union, and was convicted of a criminal offence. 3.2According to the complainant, the opinion of 21 December 2000 on which the Refugee Board largely based its decision not to grant him asylum was not thorough and was open to interpretation. He claims that this opinion does not deny that he suffers from chronic post traumatic stress disorder caused by the effects of torture. He also contends that the opinion refers to scars on his body caused by previous acts of torture. 3.3In addition, he states that even if he does suffer from paranoid psychosis (as stated in the same opinion) a return to the Russian Federation would involve detention in prison, where he claims it is the ordinary practice of the authorities to torture detainees, or detention in a closed psychiatric institution. The State party’s observations on admissibility and merits and the petitioners comments thereon 4.1By note verbale, of 12 September 2002, the State party provided its submission on the admissibility and merits of the communication. It submits that the complainant has failed to establish a prima facie case, for purposes of admissibility. If the Committee does not dismiss the communication for that reason, the State party submits that no violation of the provisions of the Convention occurred in relation to the merits of the case. 4.2The State party describes the organization and decision-making process of the Refugee Board in detail and submits, inter alia, that, as is normally the case, the complainant was assigned an attorney who had an opportunity as well as the complainant to study the files of the case and the background material before the meeting of the Board. The hearing was also attended by an interpreter and a representative of the Danish Immigration Service. 4.3With respect to the application of article 3 of the Convention to the merits of the case, the State party underlines that the burden to