Concerning F. K. vs. Denmark for violation of articles 3 and 12 of CAT.
The Committee Against Torture found that Denmark had violated CAT articles 3, 12 and 16, with regard to forcibly returning the complainant to Turkey, and also inhumane treatment during his detention in a Danish prison camp for asylum seekers.
The author entered Denmark in November 2010. The complainant is Turkish by nationality and Kurdish by ethnicity, but does not recognize his Turkish nationality, since he as a Kurd being oppressed by Turkey. The author was arrested several times throughout the period of 2006 to 2009 and amongst other things subjected to torture by the Turkish authorities.
The Danish authorities refused to do a medical examination to prove his claims of torture. Instead, the Refugee Board rejected his asylum application in a decision from 2013, because they did not believe the complainant. However, Amnesty International did a medical examination, and concluded that the author did have symptoms relating to the torture he had gone through in Turkey.
He was set in detention before a complaint to the UN was made, and was by force brought to the Turkish embassy in Copenhagen. Fearing for his persona, life and deportation, the author resisted and cut himself in both arms and several cuts in his torso. He was never sent to a hospital; however he was treated by a nurse back in his prison cell. Consequently, the author then decided to start a hunger strike.
The CAT’s decision remains unimplemented by the Danish authorities and the Danish Refugee Board rejected again granting a refugee status.