United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee - would not have the foreseeable and necessary consequence of exposing him to a real risk of torture. An enforcement of the expulsion order against the author would therefore not constitute a violation of article 3 of the Convention. 8.1 In her comments on the State party's submission, counsel for the author takes issue with the State party's suggestion that domestic remedies are not exhausted until the author has actually been deported. She states that it would then be too late to seek any effective remedy. She further argues that the elements provided by the author make his communication compatible with the provisions of the Convention. 8.2 Counsel points out that the Aliens Appeal Board apparently had some hesitations as to the author's political background and requested the Swedish embassy in Teheran to verify the facts as presented by the author, including the sketches he had made of the Revolutionary Guards' headquarters. In its reply, the embassy refused to judge the personal trustworthiness of the author but confirmed that it might well be possible to bribe oneself out of prison even in political cases. Counsel argues that where the Appeal Board had real doubts about the author's expulsion, he should have benefited from those doubts, especially since at the appeal he had presented a credible, consistent, detailed and thorough description of his asylum claim. It is argued that the authorities have used the untrue statements given by the author in the beginning to completely disqualify him for asylum in Sweden regardless of what he later presented and contrary to UNHCR's Handbook, article 199, which states that untrue statements by themselves are not a reason for refusal of refugee status and that it is the examiner's responsibility to evaluate such statements in the light of all the circumstances of the case.2 8.3 Counsel further refers to article 198 of the Handbook, which indicates that persons who have been persecuted may be afraid to give a full account to the authorities. Counsel acknowledges that the author's case depends completely on his credibility. He gave untrue statements and his statements were also contradictory and inconsistent. She states that only the human and psychological factor might explain his conduct. "A man fleeing from a cruel and relentless regime against which he has been fighting and which had subjected him to cruel torture cannot be expected to behave in a rational way once he has managed to escape from his tormentors. It will take time for him to collect himself enough to understand that he is spoiling his right for protection and that he must come up with his complete and true story." 8.4 Counsel contends that in spite of the initial doubts regarding the author's trustworthiness, he thereafter provided a credible, consistent, thorough and detailed description. Considering his history of torture and persecution, counsel argues that his initial failure is explainable and excusable. 8.5 Counsel concludes that the return of the author to Iran would have the foreseeable and necessary consequence of exposing him to a real risk of being detained and tortured. Issues and proceedings before the Committee 9. Before considering any claims contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (64 of 109)16/10/2006 9:54:12 AM