CAT/C/37/D/277/2005
Page 5
The complaint
3.1 The complainant argues that the Swedish authorities reached their decision to reject his
asylum claim based on general information without taking into account his arguments and
explanations. Instead, they based their rulings concluding that he was not credible on two
facts: his release from prison and a typing error in his criminal record. According to the
complainant, by concluding that his release meant that he was of no interest to the Iranian
authorities, the Migration Board did not take into account all the relevant information he had
provided. Neither the Migration Board nor the Aliens Appeals Board ever refuted his
explanation that his failure to apply for asylum immediately upon arrival was owing to his
poor mental and physical condition and that he applied as soon as he was able to, i.e. two
days later.
3.2 The complainant submits that the Aliens Appeals Board not only failed to notify him
that it challenged his translated criminal record, but it also later refused to consider the
corrected version, alleging that other fake documents were in circulation. The complainant
points to the double standards employed by the Board: on one hand, the incorrectly translated
version was used as the basis of its judgment; on the other, the copy corrected by the Iranian
authorities was dismissed as having no evidentiary value. The complainant notes that the
Board never contacted the Swedish Embassy in Teheran to verify the document’s authenticity.
Finally, the complainant submits that his repeated requests for an oral proceeding before the
Aliens Appeals Board were rejected even though they were mandated by law (save in cases
where it was clear that such a hearing was unnecessary). The complainant maintains that if
they doubted his credibility, the Swedish authorities should have used the oral hearing to
challenge the complainant’s claims.
3.3 The failure of the Swedish authorities to appraise objectively, impartially, and
systematically his asylum application and to review the relevant supplemental information to
conclude that he was not credible lead them to gravely underestimate the risks associated
with his return to Iran. Given Iran’s treatment of political dissidents, deteriorating human
rights situation and his own experience of imprisonment and torture at the hands of the
Iranian authorities, as well as evidence that he is still wanted by the Security Police, the
complainant claims that he might be declared an enemy of the state because of his activities
since 1996. His forced removal to Iran would expose him anew to torture and other cruel,
inhuman, and degrading treatment or punishment.
State party’s observations on admissibility and merits
4.1 By submission of 9 February 2006, the State party argues that the complaint fails to
rise to a basic level of substantiation and should be considered inadmissible pursuant to
article 22, paragraph 2, of the Convention. The State party also initially challenged the
admissibility of the complaint for non exhaustion of domestic remedies as it argued that
under a new provision of Swedish law the Migration Board could review the complainant’s
case once more. However, on 29 March 2006, the State party withdrew this part of its
submission after the Migration Board decided, on 3 March 2006, that the author should not
be granted a residence permit.
4.2 On the merits, the State party notes the existence of numerous reports that gross
violations of human rights are committed in the Islamic Republic of Iran. However, this does
not suffice to establish that the complainant's forced return would violate article 3. For such a