CAT/C/37/D/277/2005
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the certificates specified for which crimes he was convicted. The State party highlights that
though the first certificate was dated July 2002 it was not submitted until September 2004
and that its existence was not even mentioned by the complainant during his interview with
the Migration Board in 2003. Finally, the State party notes that neither the complainant nor
his counsel noticed the misdating in the first certificate, concluding that the complainant has
provided false information and documentation.
4.5 The State party concludes that even if it is considered established that the complainant
was subjected to torture in the past this does not substantiate his claim that in the present he
risks torture if returned to Iran.
Complainant’s comments on the State party’s observations on the admissibility and the
merits
5.1 By submission of 20 June 2006, the complainant reaffirms that all domestic remedies
have been exhausted and submits that though a new Aliens Act had come into force, in the
circumstances of his case, he could not appeal under the new provisions. The complainant
notes that the Migration Board only held one interview with him lasting two hours and
twenty minutes which took place almost a year after he arrived in Sweden. The minutes of
the interview do not constitute an exact description of what was said. The complainant notes
that the decisions of both the Migration Board and the Aliens Appeals Board rely on
information obtained during the above-mentioned interview. He notes that he had requested
new oral proceedings at the Aliens Board on two separate occasions as the Migration Board
had misjudged his credibility and his statements regarding the torture he had been subjected
to. He adds that none of the so-called inconsistencies were dealt with by the Migration Board
or the Aliens Appeals Board. Regarding the alleged inconsistencies on the reasons for his
arrest, he notes first that, in his disagreement with the imam, he had addressed a number of
different issues. He submits that it is normal that at each stage of the procedure he provided
additional and more detailed information, sometimes in response to new questions that were
put to him. As for the timing of his arrest, he submits that consideration must be taken of the
fact that persons having experienced different kinds of traumas may have memory loss
regarding their trauma. He notes moreover, that the interview took place more than five years
after the event. As for the supposed inconsistencies in the complainant’s account of when and
for how long he was imprisoned and whether he had been sentenced or not, it is submitted
that he had actually stated that he had never been convicted by a court and that the difference
in the number of months spent in detention (26 or 28) were a matter of whether the two
months in detention prior to his signing the confession are included in the calculation.
5.2 The complainant notes that during the procedure before the Committee he had
requested several extensions of the delays to present information. This was because he
intended to procure evidence of his imprisonment and the fact that he was still wanted by the
authorities. Unfortunately, he was unable to do so without taking action that he believed
would put his relatives at risk. Nevertheless, he submits that he has fulfilled his obligation to
collect and present evidence in support of his claims.
5.3 Regarding the information on his arrival in Sweden, the complainant submits that he
had had to flee Iran with the assistance of a smuggler, who provided him with false
documentation because it was not possible for him to obtain a passport in Iran. The
complainant notes that the interest in verifying his itinerary emanates from a need to establish