The complainant is a Chinese national born on 8 May 1953. In 2005, he was working as a taxi driver and transported a passenger, whom the Chinese authorities suspected of being a Uighur terrorist. Soon afterwards, despite the fact that the complainant was not personally acquainted with the passenger, he was arrested by the police, who interrogated him about the passenger’s whereabouts and activities. Given that he had no relevant knowledge about the passenger, he was unable to provide the police with any information. As a result, the police cut off three of his fingers. After two months in detention, the complainant was released without charge. The complainant left China on an unspecified date and arrived in Denmark in August 2010.  

He claims that his deportation to China would constitute a violation by Denmark of article 3 of CAT, as he would risk persecution, torture and inhumane treatment there. First, the complainant submits that the Refugee Appeals Board denied him the right to a medical examination, which would have confirmed that three of his fingers had been cut off, thus indicating that he had been tortured. The complainant maintains that the Board wrongfully denied his request for an oral hearing. The State party observes that the Refugee Appeals Board found that the complainant was not credible, because he had made inconsistent and inadequate statements about his ethnicity, his place of birth, and the persecution he allegedly endured in China. The Committee against Torture, acting under article 22 (7), concluded that the complainant’s removal to China would not constitute a breach of article 3 of CAT.