A.A.M. entered to Denmark in 2016 and applied for asylum. He had been detained and tortured by the Moroccan authorities, because of A.A.M.’s participation in peaceful demonstrations for the independence of Western Sahara.
The author was tortured (torn out nails and raped) and medical examination did not exclude this. The psychiatric examination showed that the complainant has symptoms consistent with post-traumatic stress disorder.
Nevertheless, the Refugee Board did not believe that there have been any signs of violence that can confirm the author’s explanation of torture. The date for deportation has been defined.
The author presented the communication to CAT against Denmark’s violation of articles 3,16.
The Committee found claims to be manifestly unfounded where the author of a communication failed to submit substantiated arguments showing that the danger of being subjected to torture was foreseeable, present, personal and real. The Committee decided that communication is inadmissible under article 22 (2) of the Convention.