CAT/C/45/D/339/2008 Convention, for purposes of admissibility. Accordingly, the Committee declared the communication admissible and requested the State party to provide its observations on the merits of the case. The Committee also wished to receive additional information on why the State party chose not to take into account the medical examination performed by the Danish Red Cross and the torture examination performed by Amnesty International Denmark. In particular, the Committee wished to know why the State party only considered whether the complainant had been politically active, and not whether he had been tortured, taking into account the possible relationship between political activities and torture. 6.3 Accordingly, the Committee found the communication admissible and requested the State party to provide its observations on the merits, as well as written explanations and statements on the request for specific information in paragraph 6.2. It was also stated that these observations would be transmitted to the complainant. State party’s observations on the merits 7.1 On 14 September 2009, the State party submitted that following the Committee’s admissibility Decision it requested a supplementary opinion from the Danish Refugee Appeals Board. On 25 August 2009, without revising its assessment of the case the Board made the following comments on the Decision. It submits that the complainant’s statement that he was tortured was taken into account in assessing his original asylum application and in subsequent requests for reopening his case. It notes that the Board had included the medical report from the Red Cross of 18 December 2003 in its original assessment of 27 September 2004. In its three decisions (24 January 2006, 22 December 2006 and 10 July 2007) denying the complainant’s requests to reopen the case on the basis of the medical evidence on torture, the Board concluded that this information could not lead to a reassessment of his credibility regarding this political activities and detention in Iran. Thus, regardless of whether it was considered a fact that the complainant had been subjected to torture in the past, the Board found that past torture in and of itself was insufficient to warrant asylum under section 7 (1) and/or (2) of the Aliens Act. The Board also draws attention to the government’s submission of 22 July 2008 in which it states that the Board does not, as such dismiss the statement that the applicant has been subjected to the “outrages” as described in Amnesty International medical report. The Board also adds that the decision of 24 January 2006 was made by the entire Board in writing rather than the Chairman alone, thus ensuring that the original members of the Board carefully assessed the significance of the medical report in question. 7.2 As to the relationship between the complainant’s alleged political activities and torture, the Board submits that although torture may contribute to evidence of political persecution, the conditions for asylum are not necessarily satisfied in all cases where an asylum-seeker has been subjected to torture.1 In its original decision on 27 September 2004, the Board had found that the complainant’s claims with respect to his activities for a monarchist organization seemed improbable based on information on the level of activity of that organization in Iran from the UNHCR as well as other sources, the stereotypical statement regarding the political purposes of that organization and the fact that the complainant seemed to be politically ill-informed. The background information available to the Board at the time it made its decision provides a homogenous and unambiguous 1 The Board refers to the Committee’s Decision in N.Z.S. v. Sweden, Decision no. 277/2005, adopted on 29 November 2006, which referred to a case of forced removal to Iran, and in which the Committee found no potential violation of article 3, despite the fact that it was probable that the complainant had been tortured as the alleged events had taken place six years prior to the deportation decision and amongst other things he had failed to adduce any evidence of political involvement of such significance as would still attract the attention of the authorities. 6

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