Concerning S.A. vs. Denmark for violation of article 3 of CAT and article 7 of CCPR.
When the author applied for asylum in Denmark, she expressed her fear for the return to Ethiopia as she has gone through torture. If returned she would be kidnapped and tortured by the Ethiopian authorities or forced to perform military service. The claimant has not performed military service, which is the reason why men and women are not allowed to leave the country without permission. The claimant did not perform military service first hand but she was forced to cooperate with the local authorities in order to give information about potential opponents to the government. When she refused she was detained and tortured. The Board has decided to reject her explanation about imprisonment and torture, as well as her request for a torture victim examination, since the author appears untrustworthy. Therefore the Danish Refugee Appeals Board refused to follow her request for a torture examination test before making the decision in March 2010, since it appears from their decision that the board rejected to postpone the decision in order to have a medical test done.
However the author received the opportunity to have a medical torture examination report done by Amnesty International in Denmark in March 2011. The examination concluded that she was tortured, and the fact that she left Eritrea illegally will in fact put here into real danger if returned. There is an urgent need for this communication to be taken under consideration in order to hold the deportation of clients like S.A., since there is a real risk of a violation of CAT article 3. The author was awarded Refugee Status after being provided a torture examination report from Danish Amnesty International.
9. February 2021