Interim Measures in Torture case

The UN Committee Against Torture on 22 December 2015 published its opinion with regard to Communication No. 580/2014 (F.K. vs. Denmark), stating amongst other that-

“8. In the light of the above, the Committee, acting under article 22 (7) of the Convention, is of the view that the State party has an obligation, in accordance with article 3 of the Convention, to refrain from forcibly returning the complainant to Turkey or to any other country where he runs a real risk of being expelled or returned to Turkey. The Committee also finds that the State party violated the requirements of article 12, read in conjunction with article 16, of the Convention.”

The State Party was given a time limit of 90 days to respond to this opinion (so called follow-up).

In March 2016 the author was invited to a new hearing at the Danish Refugee Board. The Board however rejected the asylum seeker again, and again the Board did not see any reason to allow for a medical torture examination of the author since he is not considered “credible”. He was also ordered to leave Denmark, if not by himself, then forced by the police.

The author thus filled a new  Communication (No. 743/2016) arguing violation of CAT article 3 (again). The author also requested interim measures, which was granted by the Committee.  The State Party nevertheless refused to stop the forced deportation of the author, however the Committee on 30 June 2016 reminded the Danish Government: “ ..  that in accordance with the Committees jurisprudence, the State Party will be in serious breach of its obligations under Article 22 of the Convention by failing to respect the requested interim measures…”

The author then took out legal action against the Refugee Board and on 3 March 2017 the City Court of Copenhagen ruled, that the author should be allowed to stay in Denmark during the processing of this city court case.

As of spring 2017 the UN Torture Committee is thus processing the new pending Communication on violation of CAT article 3 by the decision made by the Refugee Board on 17 March 2016.

At the same time Danish Courts are now processing the case, whether or not interim measures are to be respected by the State Party during the processing of such Communications, when requested by the Torture Committee.

For further information of the case, see resume and text of  Communication No. 580/2014, which is also on this homepage as “Ethnic and political persecution of Kurdish man in Turkey”-

Ethnic and political persecution of Kurdish man in Turkey

16. May 2017

CAT 743/2016
Comm: Torture