Concerning Mr. K.H vs Denmark for violation of article 3 of CAT.
The complainant arrived in Denmark on 25 July 2010, without valid travel documents, and applied for asylum the next day. The complainant was fleeing from the Taliban and the Afghan authorities. He had been detained by the Taliban and then arrested by the authorities and wrongly accused of a terrorist bombing attack; while in detention he had been ill-treated and tortured in such a way that some of his ribs had been broken.
The Danish Immigration Service rejected his application for asylum. The Refugee Appeals Board denied the complainant’s request for medical examination, rejected his application for asylum, and ordered his deportation on 17 January 2011.
A complaint was sent to the Committee against Torture. The Committee considers that although it is for the complainant to establish a prima facie case to request for asylum, it does not exempt the State party from making substantial efforts to determine whether the complainant would be in danger of being subjected to torture if returned. In the circumstances, the Committee considers that the complainant provided the State party’s authorities with sufficient material supporting his claims of having been subjected to torture. The Committee concludes that the complainant’s removal to Afghanistan by the State party would constitute a breach of article 3 of the Convention.
6. August 2020