CAT/C/64/D/693/2015 observations from the State party were needed to ascertain the admissibility of the communication. Factual background 2.1 The complainant, an Afghan national, is an ethnic Hazara from Gardez in Paktia Province, Afghanistan. Starting in 1990, his father began working in the Islamic Republic of Iran as a lorry driver for the Islamic Revolutionary Guard Corps, a branch of the Iranian military. In 1995, a conflict arose between the complainant’s father and S., his father’s half cousin and a high-ranking Taliban officer in Gardez, because the complainant’s father would not arrange the hiring of S.’s brother, J.A., by the Iranian military. In 1996, J.A. entered the Islamic Republic of Iran, where he was arrested, charged with espionage and later executed. S. accused the complainant’s father of having masterminded the arrest and for years made threatening telephone calls to the complainant’s father. S. also contacted the complainant and his family at their home in Afghanistan and threatened their lives. In 1996, due to the continued threats, the complainant and the rest of his family moved to the Islamic Republic of Iran. 2.2 In 2007, the complainant’s mother died. 3 In early 2008, having learned that the security situation in Afghanistan had improved and that S. had been arrested by the American forces, the complainant’s father returned to Afghanistan with his two sons. About one month later, they were assaulted by armed men in their home and taken to the basement, where they were subjected to torture. S. and his associates arrived later in the day, demanding that the complainant’s father admit his involvement in the execution of S.’s brother. S. subjected them to physical abuse, broke the right leg of the complainant and burned his left forearm by pouring hot water on it. The complainant’s father was taken away and has never been seen since. 4 The complainant and his brother managed to escape with the help of an old man. The old man provided them with a car and a driver who drove them to their aunt’s home in Kabul. The following day, the aunt’s husband helped them to get passports and they took a plane to Herat and from there travelled to the Islamic Republic of Iran. 2.3 The complainant stayed in the Islamic Republic of Iran for about two years before travelling to Copenhagen (through Greece, Italy, France and Germany), where he applied for asylum on 17 June 2011. 2.4 On 16 November 2011, the Danish Immigration Service rejected the complainant’s asylum application. On 25 July 2012, the Refugee Appeals Board upheld that decision. The Board made a general observation that, although the complainant had given consistent and detailed statements, certain specific elements of his statements were not convincing and seemed non-credible, unlikely and somewhat inconsistent, particularly his statements about his conflict with S., the allegedly inflicted abuses and the circumstances of his escape. Based on an overall assessment, the Board found that the complainant’s explanations were constructed for the occasion of his asylum proceedings. The Board also noted that the complainant had not been a member of any political or religious associations or organizations, nor had he been otherwise politically active. It concluded that the complainant would not be at risk of persecution if returned to Afghanistan. 2.5 Subsequently, the complainant underwent a medical examination arranged with the assistance of the Danish Refugee Council. Afraid that he would be deported imminently, the complainant did not wait for the results of the medical examination and left for Greece, where he stayed and worked for about nine months. In Greece, he heard that S. had left Afghanistan and gone to India, and he notified the Greek authorities of his intention to return voluntarily to Afghanistan. He also submits that he needed to return to Afghanistan in order to marry his girlfriend. In August 2014, accompanied by the Greek police, the complainant and several other Afghan nationals flew to Kabul. Upon arrival, the complainant went to his home town and was issued with a certificate of nationality there. 5 3 4 5 2 There is no information on the circumstances of her death. The complainant presumes that his father was killed. According to that document, the complainant was born on 25 February 1991.

Select target paragraph3