CAT/C/37/D/251/2004
page 5
4.3
After the complainant’s first attempt to leave the country, proceedings were allegedly
instituted against him in the Revolutionary Court of Tehran. Contrary to what he claims,
however, the documents produced do not show that any penalty was imposed on him beyond the
obligation to post a property bond. Moreover, these documents contain no precise indication
concerning the grounds for the sentence said to have been handed down against the complainant
by the Revolutionary Court. The internal bodies therefore concluded that grounds other than that
of having concealed his detention from the military authorities were decisive in the
complainant’s alleged sentencing.
4.4
At each of the three hearings during the asylum procedure, the complainant gave a
different version of the main reasons why he had left the Islamic Republic of Iran. Challenged
about these discrepancies, he was unable to offer a plausible explanation. During the first phase
of the procedure, the complainant claimed that his escape from the country was due essentially to
the harassment to which he was subjected by the basiji, as well as to the political activities of
some members of his family. In a later phase of the procedure, on the other hand, he claimed
that his escape resulted from the assassination of a member of the basiji, the very people who
had allegedly been harassing him.
4.5
The complainant’s allegations concerning the ill-treatment to which he was subjected and
his assignment to the army’s political ideology section are not credible either. The explanation
provided (confusion resulting from an error in the transcription of his surname) is
unconvincing - particularly in view of the allegation that the complainant, who reportedly
received his passport after the completion of his military service, was named on a list of persons
forbidden to leave the country, a ban which was brought up against him at the border crossing.
In the circumstances, spelling errors or the inclusion of the author’s name in such a list should
have constituted an obstacle to issuing the passport in the first place.
4.6
The State party says it does not know whether the fact of leaving his country of origin
illegally would expose the complainant to the risk of being arrested on his return. It refers to the
Committee’s jurisprudence whereby the Convention affords no protection to complainants who
merely invoke a fear of being arrested on their return.
4.7
As to the complainant’s physical and psychological problems, the State party considers
them to be connected with the sexual abuse to which he claims to have been subjected during
childhood.
4.8
As regards the complainant’s political activities in the Islamic Republic of Iran, the State
party considers them to be very limited: they involve participation in a meeting with a
United Nations representative in 1990 and distribution of tracts with his cousin in Semnan
in 1991. Concerning the complainant’s political activities in Switzerland, the State party notes
that the Asylum Review Board examined in detail the question of whether a risk existed on that
account and found that the evidence adduced by the complainant did not support a conclusion
that the Iranian authorities were informed of these activities of his in Switzerland. It argues that
the Iranian authorities focus primarily on persons presenting a particular profile by reason of