Concerning S.A vs Denmark for violation of articles 3 and 22 of CAT.

The complainant was born in Ghazvin in Iran. In July 2002, the complainant became actively involved in a monarchist group called “Refrondom Komite” (the Committee for Reformation on the Wall), a subgroup of the Royalist Party. One day, while handing out leaflets, the group was surrounded and detained by the authorities in civilian clothes. The complainant was isolated in a cell and tortured. Thus the complainant fled and sought asylum in Denmark.

The Danish authorities rejected the complainant’s application for asylum as they found his statement to be untrustworthy. The medical team of Amnesty International Denmark concluded that the complainant’s pains were consistent with the violence he stated he had been subjected to, and that his psychological symptoms were consistent with the diagnosis of posttraumatic stress disorder, and typical symptoms of persons who have been subjected to torture. Based on the medical examination by Amnesty International, a request to reopen the case was sent to the Refugee Board. The Board denied to reopen the case as it found that the medical report could not result in a revised decision and that the complainant had not given a trustworthy statement about his political activities in Iran. It also stated that even if he had been subjected to torture in Iran, they did not find that he, if returned to Iran, would be at risk of any physical or mental harm that might warrant granting asylum. Thus a complaint was sent to CAT. The Committee is of the view that the complainant would face a personal risk of torture if forcibly returned to Iran.