CAT/C/57/D/709/2015 Advance unedited version
Decision on admissibility
1.1
The author of the communication is Mr. C.N., a Nigerian citizen born in 1977. He
claims that his deportation to Nigeria would constitute a violation, by Denmark, of his
rights under article 3 of the Convention. The author is represented by counsel.
1.2
On 28 October 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 observations from
the State party were needed to ascertain the admissibility of the present communication.
The facts as presented by the author
2.1
The complainant applied for asylum in Denmark in June 2014, claiming that he was
persecuted in Nigeria by the Department of Security (DSSS) and by a suspected terrorist,
one A.U., who thought that the complainant has reported him to the authorities. On 3 April
2014, the complainant was arrested by the DSSS as his telephone number was found in the
telephone contacts of a terrorist who escaped from prison on 30 March 2014. The
complainant explained that a stranger approached him twice at the bus terminal in Abuja
where he worked, and offered money to keep two bags until another person picked them up.
After two days at the DSSS Headquarters in Asokor, the complainant was released. On 14
April 2014, after an explosion at the bus terminal, he saw A.U. on the TV news and
recognized him as the stranger who approached him. Soon after, A.U. contacted the
complainant by phone alleging that he gave him out. The DSSS also contacted the
complainant asking him to come for another questioning. However, he was warned by one
of the DSSS officers that he would be arrested if he came. On 19 May 2014, the
complainant left Nigeria.
2.2
The complainant arrived in Denmark in June 2014, without passport or any valid
travel documents. On 1 September 2015, the Danish Immigration Service rejected his
asylum application. On 14 October 2015, the Refugee Appeals Board rejected his appeal
and maintained the decision of the Immigration Service, having found his story
incredulous. According to the Board’s decision, the complainant was arrested on 18 August
2014, and there were two documents found on him – a handwritten route from Nigeria to
the Danish asylum centre “Sandholmlejren” and a computer-typed story for asylum with
blank spots to be filled out by him. These documents, as well as some controversial
statements in his story, contributed to the majority finding of the Board.
The complaint
3.
The complainant submits that the decision of the Refugee Appeals Board was
arbitrary because it doubted every detail of his story, without taking into account his stress
and psychological condition, and that it has not made an investigation to clarify the extent
of danger for him if returned to Nigeria. He claims that if deported, he would be in real
danger of being killed by the DSSS or Boko Haram.
Issues and proceedings before the Committee
4.1
Before considering any complaint submitted in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22 of the
Convention. The Committee has ascertained, as it is required to do under article 22,
paragraph 5 (a) of the Convention, that the same matter has not been and is not being
examined under another procedure of international investigation or settlement.
4.2
The Committee notes that for the facts of the case the complainant referred to a short
translated abstract of the 14 October 2014 Refugee Board decision, without providing any
additional details about his alleged persecution by the DSSS or by A.U. in Nigeria. The
Committee also notes that the complainant has not adduced sufficient arguments of why, in
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