Concerning N.A vs Denmark for violation of articles 3 of CAT.
Since 1982, the applicant has been called yearly to perform military service, but he has not responded to the calls. He was a member of the Kurdistan Liberation Party (PRK). In 1982, a number of party members were arrested and provided the police with information regarding the complainant’s political activities. As a consequence, on 1 April 1983, he was arrested and subjected to torture by the police while in detention. In 1988, the Supreme Court sentenced him to 20 years’ imprisonment. He was released on the condition that he will stop all political activities but he did not comply and instead of starting military service, he began working for a political organization arranging activities for the PRK.
The Danish Immigration Service rejected his asylum request, for lack of credibility, without ordering a medical examination regarding the complainant’s torture marks. the Danish Refugee Appeals Board upheld that decision. A complaint was sent to CAT. The Committee noted that the occurrence of human rights violations in his or her country of origin is not sufficient, in itself, to lead it to conclude that a complainant, personally, runs a risk of torture. Thus the Committee decided that the State party did not constitute a violation of article 3 of CAT.
17. December 2019