believe that the Iranian security police wanted someone they were
suspicious of to act as a spy for them; (iv) the circumstances regarding the
author's escape from prison were not considered credible; and finally (v) the
Board questioned the authenticity of the judgement regarding check fraud
submitted by the author.
4.6 The Aliens Appeals Board dismissed the author's appeal on 4 November
1999. The Board found no reason to question the author's identity, nor did it
question that the author had been sentenced by a court in Tehran for check
fraud in accordance with the submitted judgement, which the Swedish
Embassy in Tehran had had examined by legal experts who concluded it
was authentic. The Aliens Appeals Board does not rule out that the author
had been deprived of his liberty while under suspicion for check fraud, nor
that he had served a prison sentence for the said crime, or that he had been
ill-treated during his imprisonment. In all other aspects, the Aliens Appeals
Board questioned the credibility of the author on the same grounds as the
Swedish Immigration Board and in the light of the submitted medical
certificate which indicates that the author seems completely trustworthy.
4.7 The Swedish Embassy in Tehran further noted that check fraud cases are
very common in the Islamic Republic of Iran and that at present there
appears to be thousands of such cases pending before the courts in Tehran.
The Embassy does not rule out the possibility that on the whole, the author
has submitted reliable information in support of his reluctance to return to
his country of origin. With regard to the author's passport, the Embassy
states that the fact that a person has legal problems with the Iranian
authorities does not necessarily mean that he is refused a passport, whereas
he would normally not obtain an exit permit.
4.8 Finally, the State party points out that the author claims that the
judgement concerning check fraud was presented to him in February or
March 1996, after he had spent six months in prison. However, it appears
from the judgement itself that it was given on 6 June 1996. The Aliens
Appeals Board held the view that the author may have been found guilty of
check fraud and served a prison sentence for that crime.
Counsel's comments
5.1 Counsel notes the immigration authorities' reference to the fact that the
author had not presented his travel documents and that it therefore cannot be
excluded that the author had destroyed his Iranian passport and that his exit
from the Islamic Republic of Iran was legal. She further notes that the
authorities do not find it credible that the author was issued a passport while
under suspicion by the Iranian secret police. With regard to the first matter,
counsel submits that rejection by the immigration authorities with the