indication that the author may have destroyed his travel documents in bad
faith is a common phrase automatically used to question the general veracity
of a claim. With regard to the second, counsel reminds the Committee that
the author has given a plausible explanation of why he was granted a
passport despite being under surveillance (see para. 2.6).
5.2 With reference to the immigration authorities' argument that it does not
seem likely that the secret police would use a person under surveillance to
spy for them, counsel submits that it is common knowledge that in
dictatorships the secret police do force persons over whom they have a hold
to work for them in different ways.
5.3 Counsel notes the contradictions with regard to the Swedish Immigration
Board's and the Aliens Appeals Board's argumentation concerning the
judgement for check fraud presented by the author. One of the main reasons
for the Immigration Board's doubts as to the credibility of the author was
that it questioned the authenticity of the judgement. When it was
ascertained, through the Swedish Embassy in Tehran, that the judgement
was in fact authentic, the Aliens Appeals Board in turn used the authenticity
of the document as an argument against the author, indicating that the author
had been imprisoned for check fraud and had not been persecuted on
political grounds. Counsel submits that the use of false charges in
suppressive States in general, and in the Islamic Republic of Iran in
particular, is common to dispose of persons seen as a threat against the State
and at the same time create an image of a legitimate rule of law. The
Committee's attention is drawn to the fact that the author's account in this
respect was considered not credible by the Aliens Appeals Board without
giving any reason therefor. Counsel further points out that for the author, it
was obvious that he had been judged on false charges, which was why he
presented the verdict to the Swedish immigration authorities in the first
place. No person would present a real verdict and expect to be granted
asylum on that ground alone.
5.4 Counsel recalls that the Aliens Appeals Board does not question the fact
that the author had been imprisoned in the Islamic Republic of Iran, nor that
he was at that time subjected to torture and ill-treatment.
5.5 With regard to the author's escape, counsel points out that the author has
given such a detailed description of the events that there should be no doubt
about its veracity. Details were also given to the examining psychiatrist who
in his medical certificate judged the author to be completely trustworthy.
5.6 The authorities question why the author did not apply for asylum in
Germany if, as claimed, he feared persecution by the Iranian authorities.
Counsel points out that the author has given a clear and plausible