Advance unedited version CAT/C/78/D/1052/2021
whether the persons who reportedly arrested and assaulted her were public authorities or
private persons.
4.4
The State party notes that the author did not present evidence of her health status until
she filed her subsequent application for international protection and adds that one of the
medical statements she presented only came to the attention of the authorities when she
appealed to the Administrative Court against the decision on her subsequent application. The
State party notes that the complainant had an opportunity to provide evidence of her health
status as early as in her first application for international protection. It recognises that victims
of torture often have difficulties in describing their experiences in detail, but it considers that
the alleged deficiencies in the asylum process do not suffice to explain the superficiality and
un-specificity of the author’s account. The State party notes that in her submission to the
Committee, the complainant does not make her account given in the asylum interview more
profound or precise and does not present any new facts. It argues that the communication
does not contain any well-founded argument to substantiate the alleged danger threatening
the author in her home country, nor the reasons for this danger or its person-specific nature.
4.5
The State party emphasises that the domestic authorities are best placed to judge the
credibility of the author and her account. It reiterates that the Committee is not a judicial or
appellate body, and that it must give considerable weight to the findings of fact that are made
by organs of the State party concerned. The State party notes that it is not the role of the
Committee to acts as a fourth instance to domestic courts, and it considers that the
complainant is attempting to use the Committee as an appellate body to have the factual
circumstances of her asylum claim reassessed. The State party concludes that the
communication is manifestly ill-founded within the meaning of Rule 113 (b) of the
Committee’s rules of procedure and should be declared inadmissible pursuant to article 22
(2) of the Convention. The State party adds that it is of the view that the facts of the
communication before the Committee do not reveal any breach of article 3 of the Convention.
Complainant’s comments on the State party’s observations on admissibility
5.1
On 13 September 2021, the complainant submitted comments on the State party’s
observations on the admissibility. The complainant contends that she has sufficiently detailed
the facts and the basis of her claims under article 3 of the Convention and argues that the
claims are sufficiently substantiated for the purpose of admissibility. She adds that the State
party fails to present any reasons for claiming that the communication would be ill-founded,
and notes that the State party’s observations reaffirm that the Finnish authorities have failed
to identify her particularly vulnerable position and did not consider her individual situation
and credibility in a rigorous and proper manner. The complainant notes that even when the
authorities recorded her vulnerable position in her asylum application on 3 June 2019, the
subsequent proceedings did not take this into account in an appropriate way.
5.2
The complainant argues that the State party’s observations confirm that the asylum
process has included several shortcomings, which have led to the fact that her case was not
fairly and thoroughly examined. She notes that the first asylum interview lasted less than four
hours and was spread over two days, while the subsequent interview by the Immigration
Service was also spread over two days and lasted less than six hours. The complainant points
out that in all her interviews, the interpreter was male. She highlights that the State party
observes in its observations that it is obvious from the current, more precise national
instructions that an asylum interview should have been arranged for inquiring appropriately
into indications of the author’s particular vulnerability, including because she currently no
longer has any safety network in her home country. However, the Immigration Service did
not arrange a new interview when assessing her second application, and the Administrative
Court did not arrange an oral hearing.
5.3
The complainant states that the State party initially recognises that there were
shortcomings in the proceeding, but later contends that she has failed to present well-founded
arguments to substantiate that she would be in a personal danger of being subjected to torture
if she were to be returned to her home country. She notes that this is self-contradictory and
does not acknowledge that the shortcomings impeded a fair and thorough examination of her
case. The complainant adds that she presented information and documents about the NGO in
the first appeal stage and highlights that she has provided coherent statements about her
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