articles 16 and 2 of the Convention. Moreover, he claims that his deportation constituted a violation by Denmark of article 3,
paragraph 1, of the Convention as it was foreseeable that he would be subjected to torture upon return as he had been subjected to
torture and ill-treatment in Iraq in 2005 and that he was exposed to threats from the families of nine other inmates who were
executed. The complainant is represented by counsel.
1.2 The complainant requested that the Committee issue interim measures of protection to allow him to travel back to Denmark so
that the examination according to article 12 of the Convention may be carried out,in order to allow for exhaustion of domestic
remedies in Denmark. In accordance with article 22, paragraph 3, of the Convention, the Committee brought the complaint to the
State party’s attention on 26 February 2010. The Committee decided not to issue a request for interim measures.
Facts as presented by the complainant
2.1The complainant submits that he had nine friends who worked for the intelligence service of Saddam Hussein and served in his
palaces. When visiting one of them in 1995, he was detained, as it turned out that these friends were members of the Communist
Party. The complainant was tortured in order to have him confess that he also belonged to the Communist Party. All nine of his
friends were executed and the complainant was sentenced to seven years’ imprisonment for holding back information on them. During
the two first years of imprisonment, he was exposed to severe torture, including kicks to the crotch and beating with electrical wires.
After the complainant’s release in February 2002, he started to fear revenge from the family members of the nine executed persons,
who threatened the complainant’s family as they thought he was responsible for their fate. In November 2002, the complainant’s
house was searched by the intelligence service, and when the complainant fled, he was shot in the leg.
2.2On 27 December 2002, the complainant arrived in Denmark and submitted a request for asylum based on the fact that he had
been imprisoned for seven years in Iraq for political reasons, that he had been tortured during his detention and that he was exposed
to threats from the families of nine friends who had been executed. On 11 June 2004, the Refugee Appeals Board rejected the
complainant’s asylum request, as Saddam Hussein’s regime was no longer in power, stating that the fear from families is of a private
character, and that the complainant could reside in another part of Iraq. On 22 January 2008, the complainant’s request to reopen
the case based on the same facts and information of continuing threats from the families of the nine executed friends was rejected.
2.3On 31 August 2009, a second attempt to reopen his asylum case, based on a report by the Medical Group of Amnesty
International on his past torture, was rejected. In the report, dated 12 February 2009, his torture is described in detail. The report
concludes that the complainant shows clear physical marks of torture and many symptoms of post-traumatic stress disorder.
Following the rejection of his second attempt to reopen the asylum case, no further remedies were available to the complainant.
2.4After the rejection of the complainant’s first asylum request by the Danish Refugee Board, during the period 2004-2009, he was
subjected to “motivational incentives” with the purpose of provoking a voluntary return to Iraq, including the termination of
allowances, a food box instead of food money, moving between asylum centres, and frequent reporting to the immigration police. In
the same period, 2004-2009, the complainant’s health deteriorated, as ascertained by the respective psychiatric and medical reports
of 13 April 2004, 12 February 2009, 6 July 2009 and 7 September 2009.
2.5 On 13 May 2009, the State party signed a Memorandum of Understanding with the Government of Iraq concerning the return of
rejected asylum seekers, with the priority of voluntary returns, but also covering forced returns. On 18 June 2009, the complainant
was detained in the Ellebaek Institution for DetainedAsylum Seekers. During his stay in the Ellebaekdetention centre, the complainant
experienced twice that other rejected asylum seekers were woken up in the middle of the night and forcefully taken on a flight to
Bagdad, thus causing fear and severe flashbacks of the complainant’s torture experiences from Iraq.
2.6On 5 August 2009, Inge Genefke, MD,and Bent Sørensen, MD,submitted a complaint and a request for investigation to the
Danish police, claiming a violation of articles 16, paragraph 1, and 12 with regard to the complainant’s detention, and of article 3,
paragraph 1, of the Convention, if the complainant wereto be deported to Iraq. They claimed inhuman treatment of the complainant in
breach of article 16 by keeping him in detentionsince 18 June 2009, despite the fact that he was a victim of torture. They requested
the authorities to perform an investigation into the complainant’s detention in accordance with article 12 of the Convention. The police
referred the complaint to the State prosecutor, who referred it to the Immigration Service.
2.7As a disciplinary measure following unrest between a group of asylum seekers and staff of the Ellebaek detention centre, the
complainant was put in solitary confinement in Vestre Prison from 9 to 10 August 2009, and his isolation continued for two more
days following his transfer back to the Ellebaek detention centre. During the complainant’s isolation, his psychiatric condition
deteriorated.
2.8On 1 September 2009, the Ministry of Refugee, Immigration and Integration Affairs, which examined the complainant’s request
for a residence permit on humanitarian grounds, requested a clarification of the medical certificates by Dr. Østergaard of 28 August in
support of the complainant’s claim that his solitary confinement constituted torture. On 2 September 2009, however, the complainant
was unexpectedly deported to Iraq.
2.9 The complainant’s counsel is in contact with the complainant through the complainant’s wife, who is residing in Denmark.
According to the complainant’s wife, the complainant lives in hiding near Mosul, Iraq. She also alleges that the complainant was
detained upon arrival in Bagdad for about 27 hours and obliged to report regularly to the airport police, which remains in possession
of his original documents.After his arrival, the complainant received new threats from the families of his nine friends who were
executed.
The complaint
3.1The complainant claims that his detention as a rejected asylum seeker, awaiting deportation, in Ellebaek detention center from 18