CAT/C/64/D/693/2015 2.6 The complainant claims that there was a terrible incident with a bomb blast near a petrol station in Gardez, as a result of which two persons were killed and the complainant suffered a burn to his arm. 6 The complainant believes that this incident was targeted at him and masterminded by S.’s associates. In January 2015, the complainant fled to the Islamic Republic of Iran and from there to Europe. In April–May 2015, he arrived in Sweden where he filed an application for asylum. On 17 June 2015, the complainant was transferred from Sweden to Denmark under the so-called Dublin Regulation.7 2.7 On 15 July 2015, the complainant’s counsel requested the Danish Refugee Appeals Board to reopen the case on the grounds of the failure of the authorities to undertake a medical examination of the complainant’s burn scar on his hand. On 29 July 2015, the Board refused to reopen the asylum proceedings due to a lack of substantial new information or views in the case beyond the information available at the initial hearing by the Board. It also observed that it would not request an examination for signs of torture, since it could not accept the complainant’s account as fact. 2.8 On 17 August 2015, the Board decided to reopen the case with a view to reconsidering the credibility of the complainant’s statement in the light of the results of the medical examination. In that context, the Board referred to the report of 2 August 2013 from the Amnesty International Danish Medical Group on an examination of the complainant for signs of torture.8 According to that medical report, the physical findings on the complainant corresponded to the complainant’s statement of past ill-treatment. 2.9 On 17 September 2015, the Board upheld the decision of the Danish Immigration Service not to grant refugee status to the complainant. The majority of the Board found that the complainant had made numerous inconsistent and not credible statements with regard to his escape from S.’s associates in 2008, the reasons for his return to Afghanistan and his marriage in 2014. The Board also noted that the contents of the certificate of nationality presented by the complainant in the initial asylum proceedings — including the complainant’s date of birth and the spelling of his own and his father’s and paternal grandfather’s names — did not correspond to the contents of the document presented by the complainant after his re-entry into Denmark, and therefore concluded that at least one of those documents had been obtained illegally for the occasion. The majority of the Board found that that circumstance had contributed to weakening the complainant’s credibility. It also noted that, even if all the documents were genuine, and even if the complainant had been to Afghanistan after his departure from Denmark, he had failed to present evidence that rendered it probable that he had been persecuted there. The Board concluded that there was therefore no basis for adjourning the case and instituting an examination for signs of torture. 2.10 On 8 and 22 October 2015, the District Court of Hillerød extended the detention period of the complainant prior to his removal. 9 The complainant appealed against that order to the High Court of Eastern Denmark, submitting that his continued deprivation of liberty as a torture victim would be disproportionate and, therefore, he should be released. On 4 November 2015, the High Court upheld the earlier decision. On 12 November 2015, the complainant sought authorization from the Appeals Permission Board to appeal to the Supreme Court, but that request was rejected on 4 February 2016. On 15 December 2015, the complainant was returned to Afghanistan. 2.11 6 7 8 9 The complainant indicates that he has exhausted all available domestic remedies. He already had the scars on his arm allegedly caused by the assault he suffered in 2008. Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person. The examination was arranged by the Danish Refugee Council following the Board’s decision to reject the complainant’s asylum application in July 2012. The removal could not take place on 20 October as planned because the complainant physically obstructed attempts to get him to board the plane. 3

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