Concerning M.S. (represented by counsel, Line Bøgsted) vs Denmark for a violation of article 17 of CAT.

The complainant was born in Kandahar, Afghanistan. He claims that he was abducted by the Taliban twice and tortured. Among other acts of torture, he claims that every second or third night, his hands and feet were tied up and that he was raped by two members of the Taliban. Following his release, the complainant and his wife fled to Denmark and applied for asylum.

The Danish Refugee Board rejected the complainant’s application for asylum as it did not find it likely that the male applicant had any conflict with the Taliban that would put him at risk of torture upon return to Afghanistan. Thus a complaint was sent to CAT.

The Committee observes that even assuming that the complainant had been tortured, the alleged instances of torture did not occur in the recent past and the question is whether he currently runs a risk of torture if returned to Afghanistan. The Committee, therefore, concludes that the complainant’s removal to Afghanistan by the State party would not constitute a breach of CAT.