5.4On the issue of the complainant having previously suffered torture in Iran, he argues that the reason he did not mention it until
relatively late in the procedure must be seen in the light of what is known of the psychological effect of torture and should not be used
against him. He argues that, in previous cases, the Committee found that it would not necessarily expect a victim of torture to declare
spontaneously that he/she had been subjected to such suffering, and particularly that it could not expect this type of information to be
provided in a coherent and consistent manner. The complainant reiterates that he suffers from post-traumatic stress disorder and adds
that after receiving the Government’s negative decision in March 2002, he became so desperate that he had to be taken to a
psychiatric clinic for medical care.
5.5With respect to the complainant’s political activities, he concedes that such activities were “low key” but considered sufficiently
dangerous for the Iranian authorities to detain him, even if he was subsequently released. He submits that he worked for the
organization Cherikhaj Fadai Schalg but did refer earlier to working for Mujaheddin. According to the complainant, as these
organizations worked very closely together the difference was small. He submits that the incident in the park was linked to his political
activities, as the guards had recognized the complainant. He argues that if returned to Iran the authorities will review their files and
investigate the connection between the incident in the park and his links with political groups. The complainant admits that he gave
different information on where the incident with the guards occurred, but that the two locations were very near to one another. The
complainant also admits that he was unable to give the exact date of this incident, but he did inform the Swedish authorities on three
occasions that it occurred in September 1989. He also submits that the information provided by him on arrival in Sweden may have
been unclear as he had just completed a long and unsafe journey and experienced traumatizing events.
5.6With respect to his girlfriend’s involvement in the incident in the park, the complainant admits that he did not explicitly mention that
his girlfriend was with him during the incident in the park, but did mention their relationship. He does recall mentioning to his lawyer
that corrosive acid had been thrown at her but he submits that he could be mistaken on this point. He claims that he did not become
aware that the guard had died and that his girlfriend had committed suicide until after the asylum process and therefore did not
mention these facts during the process. Furthermore, the complainant submits that he did not mention that he had been pushed into a
shop window by the guards in his application to the Government but that this does not mean that his statement contradicted those
previously made.
5.7On the issue of the contradictory statements made by the complainant on his departure from Sweden, the complainant confirms
that he passed through the Iran-Turkey border but that he lied at the outset as he wished to protect the smuggler. With respect to the
circumstances of his mother’s death, the complainant says that the original statement he made was a misunderstanding and that he has
since provided information to the Government proving that his mother was assassinated in 1996. The complainant also submits that
even if it is unusual that someone would be sentenced to capital punishment in his absence, it is not impossible. He also states that it is
possible that, although his mother told him that he had been sentenced to death in his absence, she could have misunderstood the
message received from the guards.
Issues and proceedings before the Committee
Consideration of admissibility
6.1Before considering any claims contained in a complaint, the Committee against Torture must decide whether or not it is admissible
under article 22 of the Convention. In this respect the Committee has ascertained, as it is required to do under article 22, paragraph 5
(a), of the Convention, that the same matter has not been and is not being examined under another procedure of international
investigation or settlement. The Committee also notes that the exhaustion of domestic remedies is not contested by the State party.
The State party submits that the complainant has not substantiated his case for the purposes of admissibility but the Committee is of
the view that sufficient information has been provided to consider this complaint on the merits. As the Committee sees no further
obstacles to admissibility, it declares the complaint admissible and proceeds to a consideration of the merits.
Consideration of the merits
6.2The Committee must decide whether the forced return of the complainant to the Islamic Republic of Iran would violate the State
party’s obligation, under article 3, paragraph 1, of the Convention, not to expel or return (refouler) an individual to another State
where there are substantial grounds for believing that he would be in danger of being subjected to torture. In order to reach its
conclusion the Committee must take into account all relevant considerations, including the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of human rights. The aim, however, is to determine whether the individual
concerned would personally risk torture in the country to which he or she would return. It follows that, in conformity with the
Committee’s jurisprudence and despite the allegations of the complainant in regard to the situation in Iran as per paragraph 2.8, 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 whether the particular person would be in danger of being subjected to torture upon his/her return to that
country; additional grounds must be adduced to show that the individual concerned would be personally at risk. Conversely, the
absence of a consistent pattern of gross violations of human rights does not mean that a person cannot be considered to be in danger
of being subjected to torture in his or her specific circumstances.
6.3The Committee notes that the main reason the complainant fears a personal risk of torture if returned to Iran is because he
allegedly killed a guard in a park in Tehran prior to his departure. The complainant admits that he provided inconsistent information to
the State party on his alleged involvement in political activities, which he attributes to the effects of torture, but argues that he was
never inconsistent in describing the incident in the park. The Committee notes that the complainant has provided a medical report
which indicates that he has marks on his body, but which does not support the allegation that he suffers from post-traumatic stress
disorder resulting from being subjected to torture. Indeed, the Committee notes the State party’s argument that the complainant did
not mention any instances of torture until the appeal to the Aliens Appeals Board and even then provided no details of the alleged
torture. Neither has the complainant provided details of any torture in his submission to the Committee. Consequently, the Committee
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