CAT/C/29/D/204/2002
page 7
threw acid on her face. He also mentioned in that application, for the first time, that he had
actually killed the guard with the knife and that his girlfriend had committed suicide and he
admitted that he was aware of these facts when he left Iran.
4.9
The State party also notes that new circumstances regarding this incident, and not
mentioned previously to the Swedish authorities, were submitted to the Committee, including the
contention that the knife hit the guard’s body rather than his face, that his girlfriend was with
him at the time of the incident and that it was she and not the complainant who was wearing the
crucifix. In addition, the State party submits that the claim that the guard pushed the
complainant into a shop window, thereby causing him severe injuries, appears for some
unknown reason to have been withdrawn between the asylum proceedings and the proceedings
concerning expulsion.
4.10 On the issue of the complainant’s departure from Iran, the State party submits that the
complainant modified his account of events, firstly claiming that his father organized the
departure with a smuggler and then that he himself contacted the smuggler. In addition, during
his interviews with the Migration Board, on 26 October 1989 and 13 November 1989, he said
that he left Iran through the Iranian seaport of Bandar-E-Abbas and used his military certificate
and driver’s licence to identify himself during the trip from Tehran to Bandar-E-Abbas.
However, later in the proceedings he claimed to have left Iran through Turkey and used false
documents to leave the country. For this reason, and the fact that the complainant has provided
no documentary proof to support his claims in relation to the journey, the State party argues that
it cannot be excluded that he left Iran legally. Considering that the complainant claims to have
been wanted by the Iranian authorities for one month at the date of departure, it is questionable
whether he would have succeeded in leaving the country had he used his certificate and driver’s
licence. According to the State party, this may explain why the complainant later submitted that
he used false documents to exit the country.
4.11 On the issue of the death of the complainant’s mother, the State party submits that the
complainant contradicted himself firstly by stating that she died at the end of 1990 due to heart
problems and then that she was murdered in 1996 as a consequence of her son’s actions. The
complainant has provided no explanation in this regard.
4.12 Finally, the State party submits that the complainant changed his position with regard to
the indictment against him in Sweden. In the District Court, he pleaded guilty but in the Court of
Appeal renounced the statement he had made earlier. In the State party’s view, this gives reason
to seriously call into question his claim that there is a death sentence against him in Iran. In this
regard, the State party submits that there is no indication that an arrest order has been issued
against the complainant. It also refers again to the opinion of the Swedish Embassy in Tehran,
that it is not likely that the complainant would have been convicted and sentenced in absentia, as
he has claimed. According to the State party, all these contradictions made by the complainant
raise serious doubts about the general veracity of his claim.