CAT/C/64/D/693/2015

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
13 September 2018
Original: English

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 693/2015*, **
Communication submitted by:

S.A.M. (represented by counsel, Niels-Erik
Hansen)

Alleged victim:

The complainant

State party:

Denmark

Date of complaint:

28 July 2015 (initial submission)

Date of present decision:

3 August 2018

Subject matter:

Deportation to Afghanistan

Procedural issue:

Level of substantiation of claims

Substantive issue:

Risk of torture upon return to country of origin
(non-refoulement)

Articles of the Convention:

3 and 16

1.1
The complainant is S.A.M, a national of Afghanistan born in 1992. 1 He is an ethnic
Hazara from Gardez in Afghanistan. He claims that his removal to Afghanistan would
constitute a violation by Denmark of articles 3 and 16 of the Convention. 2 The complainant
is represented by counsel.
1.2
On 30 July and 30 September 2015, the Committee, acting through its Rapporteur
on new complaints and interim measures, decided not to issue a request for interim
measures under rule 114 of the Committee’s rules of procedure and determined that no
* Adopted by the Committee at its sixty-fourth session (23 July–10 August 2018).
** The following members of the Committee participated in the examination of the communication:

1

2

Essadia Belmir, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Ana Racu, Diego
Rodríguez-Pinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. Pursuant to
rule 109 of the Committee’s rules of procedure, Jens Modvig did not participate in the consideration
of the communication.
On 23 June 2011, the Department of Forensic Medicine carried out a comprehensive clinical
examination, a dental examination and an X-ray of the complainant’s left hand, and determined that
he was most likely between 19 and 23 years old. There was a small possibility that he might be as
young as 17 years old. On 10 October 2011, the Danish Immigration Service made a decision on the
complainant’s age and registered him as having been born in June 1992. The complainant disagrees
and claims that he was a minor at the time. His dates of birth indicated in the various submissions
were as follows: in his initial explanation to the police — 7 June 1995; in his asylum application —
25 February 1996; in an interview with the Danish Immigration Service — 27 December 1995; and
according to the certificate of nationality presented to the Swedish authorities — 25 February 1991.
According to the information from the State party of 1 February 2016, the complainant was deported
to Afghanistan on 15 December 2015.

GE.18-15209(E)

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