CCPR/C/116/D/2357/2014 a court within the meaning of the directive of the Council of the European Union on minimum standards on procedures in member States for granting and withdrawing refugee status. 2 Cases before the Board are heard by five members: one judge (the chair or the deputy chair of the Board), an attorney, a member serving with the Ministry of Justice, a member serving with the Ministry of Foreign Affairs and a member nominated by the Danish Refugee Council as a representative of civil society organizations. After two terms of four years, Board members may not be reappointed. Under the Danish Aliens Act, Board members are independent and cannot seek directions from the appointing or nominating authority. The Board issues a written decision, which may not be appealed; under the Danish Constitution, however, applicants may bring an appeal before the ordinary courts, which have authority to adjudicate any matter concerning limits on the mandate of a government body. As established by the Supreme Court, the ordinary courts’ review of decisions made by the Board is limited to a review of points of law, including any flaws in the basis for the relevant decision and the illegal exercise of discretion, whereas the Board’s assessment of evidence is not subject to review. 4.2 Pursuant to section 7 (1) of the Aliens Act, a residence permit will be granted to an individual who falls within the provisions of the Convention relating to the Status of Refugees. For that purpose, article 1.A of that Convention has been incorporated into Danish law. Pursuant to section 7 (2) of the Aliens Act, a residence permit will be issued to an applicant who risks being subjected to the death penalty or to torture, inhuman or degrading treatment or punishment in his or her country of origin. In practice, the Refugee Appeals Board considers that these conditions are met if there are specific and individual factors rendering it probable that the person will be exposed to such a real risk. 4.3 Decisions of the Refugee Appeals Board are based on an individual and specific assessment of the case. The Board applies a lower standard of proof when the applicant is a minor or has a mental disorder or impairment. When assessing inconsistent statements by the applicant, the Board also takes into account cultural differences, age and health. Particular consideration is shown towards illiterate individuals, victims of torture and persons who have been sexually assaulted. The asylum seeker’s statements regarding the motive for seeking asylum are assessed in the light of all relevant evidence, including general background material on the situation and conditions in the country of origin, in particular whether systematic, gross, flagrant or mass violations of human rights occur. Background reports are obtained from various sources, including the Danish Refugee Council, other Governments, the Office of the United Nations High Commissioner for Refugees (UNHCR), Amnesty International and Human Rights Watch. The Board is also legally obligated to take into account the international obligations of Denmark when exercising its powers under the Aliens Act. To ensure that it does so, the Board and the Danish Immigration Service have jointly drafted a number of memorandums describing in detail the international legal protection offered to asylum seekers under, inter alia, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) and the International Covenant on Civil and Political Rights. The Board takes decisions on the basis of those memorandums, which are continually updated. 4.4 The author’s claims under articles 6 and 7 of the Covenant are manifestly illfounded and are therefore inadmissible. The author was assisted by counsel before the Refugee Appeals Board, whose decisions were based on a comprehensive and thorough examination of the oral and written evidence in the case. When assessing the author’s 2 The State party cites article 39 of directive 2005/85/EC. 3

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