CAT/C/29/D/204/2002
page 6
Iranian authorities on whether the complainant had been convicted in absentia, but felt that this
may not lead anywhere or may involve a risk that the complainant be considered “guilty by
association”.
4.5
The State party contends that the complainant’s account of events contains a number of
inconsistencies and shortcomings. Although the State party is aware of the Committee’s view
that complete accuracy seldom can be expected from victims of torture, it considers that these
must be held against him in an assessment of his credibility. The State party notes the
complainant’s argument that the contradictions in his account of events related to the fact that he
allegedly suffers from the after-effects of torture. It notes, however, that the complainant did not
mention that he had been tortured (or twice attempted to take his life while in prison) until his
appeal to the Aliens Appeals Board. Thus, he did not mention it either in the interviews before
the Migration Board or in his additional observations to the Migration Board, which were drafted
with the assistance of his counsel.
4.6
The State party also notes that at no time during the proceedings did the complainant
provide any details regarding the alleged torture. In the State party’s view, the one medical
report (issued 23 May 1990) submitted in this case does not afford any support for the allegation
that the complainant suffers from post-traumatic stress disorder. Neither does it contain
information to the effect that during the medical examination scars were found on his lips and in
his oral cavities. The State party is therefore of the opinion that the reference to his alleged
experiences of torture does not suffice as an explanation for the inconsistencies of his account of
events.
4.7
On the issue of the complainant’s involvement in political activities, the State party notes
that he has not submitted any evidence of these activities or of his claim that the Iranian
authorities were aware of his activities. The State party argues that this lack of evidence should
be noted particularly in view of the fact that during the asylum proceedings the complainant
provided clearly conflicting information regarding whether or not he had been politically active
in Iran. Furthermore, he submitted different information regarding both the reasons for the
arrests and the length of time of the arrests that were allegedly consequences of these activities.
If the Committee decides to accept the complainant’s statements on this issue, the State party
argues that the complainant claimed only to be a supporter and not a member of the organization
Cherikhaj Fadai Schalg and his activities appear to have been “low key” in nature and extent.
For these reasons he would never have been more than a minor interest to the Iranian authorities.
Therefore, in the State party’s view it is unlikely that the incident in the park was prompted by
the complainant’s political background as argued by him in his Migration Board application in
1990.
4.8
On the issue of the complainant’s account of the incident with the guards in 1989, the
State party submits that the complainant altered his version of events in several important
respects. Inconsistencies are to be found in respect of the time, place and reason for the alleged
attack, as well as the course of events and the consequences thereof. In particular, the State party
highlights the new facts, submitted in the complainant’s application to the Government on
10 January 2002, that his girlfriend was with him at the time of the incident and that the guards