subjected to severe abuses and torture" and that the author is considered
"completely trustworthy".
The State party's observations on admissibility and merits
4.1 By submission of 21 December 1999, the State party informs the
Committee that, following the Committee's request under rule 108,
paragraph 9, of its rules of procedure, the Swedish Immigration Board
decided to stay the expulsion order against the author while his
communication is under consideration by the Committee.
4.2 By submission of 2 March 2000, the State party informs the Committee
that it does not raise any objection as to the admissibility of the
communication. It confirms the author's account of the internal remedies
exhausted.
4.3 With regard to the general situation of human rights in the Islamic
Republic of Iran, the State party notes that although there are at present
signs that Iranian society is undergoing changes that may entail
improvements in the human rights field, the country is still reported to be a
major abuser of human rights.
4.4 The State party further states that it refrains from making an evaluation
of its own regarding whether or not the author has substantiated his claim
that he would risk being tortured if expelled, and leaves it to the discretion
of the Committee to determine whether the case reveals a violation of article
3 of the Convention. It notes that in its jurisprudence, the Committee has
observed that past torture is one of the elements to be taken into account
when examining a claim under article 3 of the Convention but that the aim
of the Committee's examination is to determine whether the author would at
present be at risk of being subjected to torture if returned. The State party
does not wish to question that the author has spent some time in prison, nor
that he was at that time subjected to ill-treatment. Without making an
assessment of its own, the State party reminds the Committee of the
opinions put forward by the Swedish Immigration Board and the Aliens
Appeal Board.
4.5 The Swedish Immigration Board rejected the author's application for
asylum on 13 September 1999, on the basis that the circumstances invoked
by the author lacked credibility. The credibility of the author was questioned
on the following grounds: (i) the fact that the author had not presented his
Iranian passport or any other travel documents to the Swedish authorities;
(ii) that the author had not applied for asylum either in Germany or in
Denmark, indicating that he could not have regarded his situation in his
home country as particularly serious; (iii) the Board found it difficult to