United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee -
trial. Apparently, his father had bribed the man in charge into accepting the registration papers of the
family house as bail; the author adds that normally political prisoners are not released on bail. The
author had to report at the prison every third day.
2.5 After about a week, he received a message from his contact in the PMOI which he interpreted as a
warning. He went into hiding in Shiraz and later in Boosher. After about six months, he contacted his
brother-in-law through a friend and learned that he was wanted by the Revolutionary Guards and that
they had searched the family house and arrested his parents for questioning. Apparently, the
Revolutionary Guards also found some secret material that the author had hidden and arrested his
contact man. The author then decided to leave the country, contacted a smuggler, and, at the end of June
1990, left from Bandar Abbas by boat to Dubai and from there by plane to Stockholm, via Amsterdam
and Copenhagen.
3.1 The author arrived in Sweden on 7 July 1990 and requested asylum. He was briefly interrogated by
the police. On 3 September 1990, the author was again interrogated by the police, at which occasion he
told them about his activities for the PMOI, but not about the torture and maltreatment and the
circumstances of his release. On 26 November 1990, the Immigration Board decided to refuse the
author's application for asylum and ordered his expulsion from Sweden because of the contradictions in
his statements.
3.2 During the appeal, the author applied to the Government for a change of counsel because of
unsatisfactory cooperation. This was granted on 19 March 1991. According to the author, the new
counsel was the first one who really listened to him. In his plea, he gives the true story of the author,
including the torture, and he presented a doctor's certificate. Nevertheless, the Aliens Appeal Board
rejected the author's appeal on 3 July 1992. The Board acknowledged that the author had now given a
full and consistent description of his political activities, detention and torture, but it considered that he
lacked credibility, since he changed his story regarding his route to Sweden, the passport used and his
arrest and military service.
3.3 The author's new application to the Immigration Board, explaining how the contradictions had
resulted from misunderstandings with his first counsel and submitting a new medical certificate, was
rejected on 1 October 1992, since the Board considered that he had not invoked any new circumstances.
3.4 On 10 August 1995, the author submitted a new application to the Aliens Appeal Board. New
evidence was presented, such as a certificate from Mujahedin Sweden that the author had been a
Mujahedin activist and medical evidence from the Centre for Torture and Trauma Survivors in
Stockholm testifying that the scars and marks on the author's body are in conformity with his allegations
of torture and that the author suffers from post-traumatic stress disorder. The Aliens Appeal Board
rejected the application on 25 August 1995, reasoning that the author had to a large extent invoked
circumstances that had already been considered. The Board pointed out inconsistencies in the author's
explanations as to how the injuries from torture had been caused. According to the Board, the author's
scars and marks did not show that the author had been tortured in prison. With this decision, counsel
argues, all domestic remedies have been exhausted.
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (60 of 109)16/10/2006 9:54:12 AM
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