situation of human rights in the Islamic Republic of Iran, the United States State Department’s “Country Reports on Human Rights” and Amnesty International. The Iranian Parliament itself, he states, has found that torture and excessive violence are used in Iranian prisons. The complaint 3.1The complainant claims that there are substantial grounds for believing that he would be in danger of being subjected to torture on return to Iran and, therefore, Sweden would be violating article 3 of the Convention if he were returned there. The complainant acknowledges that he provided the Swedish authorities with contradictory information on his involvement in political activities but argues that this was due to the psychological effects of torture. In addition, he argues that he never provided contradictory information on the incident surrounding the guards in the park and that this is his main argument for believing that he will suffer torture if returned to Iran. He claims that this makes him an enemy of the State and the punishment for such an act, whether it is accidental or not, is capital punishment. 3.2The complainant emphasizes that he is not claiming that the risk of execution would amount to a violation of article 3, but contends that because of the nature of the crime he would surely be subjected to torture prior to execution, possibly with the intention of extracting information from him on his membership of illegal organizations. The complainant also claims that the incidents which occurred in his family, including the fact that two of his close relatives were murdered and two of his brothers were forced to seek asylum abroad, corroborate the fact that the authorities were looking for him and as he could not be found took their revenge on his family. 3.3The complainant claims that all domestic remedies have been exhausted and that this complaint has not been submitted for examination under any other procedure of international investigation or settlement. The State party’s submission on the admissibility and merits of the complaint 4.1By letter of 18 June 2002, the State party made its submission on the admissibility and merits of the complaint. On admissibility, the State party contends that the complainant’s claim that he is at risk of being tortured upon return to Iran lacks the minimum substantiation that would render the complaint compatible with article 22 of the Convention.b 4.2On the merits, the State party recalls that the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute sufficient grounds for determining that a person would be in danger of being subjected to torture upon his return to that country and the individual must show that he/she faces a foreseeable, real and personal risk of being tortured. The State party argues that it follows from these principles that it rests primarily with the complainant to collect and present evidence in support of his or her account. 4.3The State party argues that several provisions of the Aliens Act reflect the same rights as article 3, paragraph 1, of the Convention. In this context, it states that the complainant’s case was assessed by the Migration Board in 1990 and 1994, by the Aliens Appeal Board in 1992 and by both the Migration Board and the Government in 2002. Moreover, the issue of impediments to expulsion was assessed by two Swedish courts. It argues that the complainant’s claim before the Committee that the issue of his protection was not brought up during the criminal proceedings is untrue. On the issue of expulsion, the court took note of the fact that the complainant had been living with a Swedish woman for four years, with whom he had had a child born in November 1993. However, it found that the crimes of which he had been found guilty were of the utmost severity as they were a danger both to individuals and to society at large. Moreover, it found that these crimes were on a large scale and had been in progress for a relatively long time. In an overall assessment, the court concluded that there were exceptional grounds for the complainant’s expulsion. The District Court also based its view on an opinion provided by the Migration Board indicating that there were no impediments to his expulsion. 4.4The State party also confirms that in examining whether the Government should cancel the expulsion order, it sought the opinion of the Migration Board and the Swedish Embassy in Tehran. The Embassy submitted two sets of information but the State party claims that only one set was submitted to the Committee by the complainant. According to the State party, the Embassy provided the following information. Its overall view was that it was unlikely that the complainant had been convicted in absentia. However, providing that the claim to have killed a revolutionary guard was true, he could have been prosecuted either before one of the Islamic revolutionary courts or before a public court. If sentenced before a public court the judgement would have been served on him or his family. If heard in a revolutionary court he would have no proof that any judgement was served on him. The prescribed sentence for having killed a guard in Iran is the death penalty. Although the revolutionary court would probably not have considered the circumstances of his case sufficiently mitigating to exclude such a sentence, if heard in the public court he could have been successful with the argument that he acted in self defence. The incident in the park as described by the complainant was credible as similar incidents had been reported to the Embassy. The Embassy could make a formal request to the Iranian authorities whether the complainant had been convicted in absentia, but felt that this might not lead anywhere or might involve the risk that the complainant would be considered “guilty by association”. 4.5The 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 that he 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. 4.6The State party also notes that at no time during the proceedings did the complainant provide any details regarding the alleged