CAT/C/37/D/277/2005 Page 6 violation to occur, he must demonstrate that he faces a foreseeable, real and personal risk of being tortured, present an arguable case that goes beyond mere theory and suspicion, and it rests primarily with the complainant to collect and present evidence in support of his/her account. The State party sets out the relevant provisions of the Aliens Act and points out that several of its provisions reflect the same principle as that laid down in article 3, paragraph 1 of the Convention. The State party notes that according to the Government’s Bill 1996/97, an applicant’s story must be accepted if it appears to be credible, since it is seldom possible for the applicant to provide evidence clearly showing that he risks persecution. Both the Migration Board and the Aliens Appeals Board concluded that the complainant was not credible. It also submits that the national authority conducting the asylum interview is naturally in a good position to assess the credibility of any asylum seeker's claims. The State party refers to the UNHCR’s Handbook on Procedures and Criteria for Determining Refugee Status and submits that it is for the complainant to support his statements by any available evidence and give a satisfactory explanation for any lack of evidence. 4.3 The State party observes that throughout the procedure, the complainant made a number of inconsistent statements regarding matters of vital importance to the assessment of his claim. The following inconsistencies were highlighted: firstly, the reasons the complainant gave for his arrest and the moment of his detention varied considerably in the statements made to the Migration Board, the Aliens Appeals Board, and the complaint submitted to the Committee. To the Migration Board he stated that he had argued with an Imam because his sermon only dealt with historical issues and that a week later he was arrested; to the Aliens Appeals Board he asserted that he had declared to the imam that he thought it would be better to convert to another religion and that he was arrested on the following day; to the Committee, he claimed that he had shouted at the Mullah during a sermon on homosexuality. There are also a number of inconsistencies in the complainant’s account of when and for how long he was imprisoned and whether he had been sentenced or not. The State party notes that during his interview with domestic authorities, the complainant stated that he had never been sentenced and that he had been imprisoned for 28 months. It also notes that in his appeal to the Aliens Appeal Board he claimed that he had been sentenced to 26 months imprisonment after 2 months in detention and finally to the Committee that he had been forced to sign a confession and convicted to 28 months imprisonment after being detained for 2 months. According to the State party, the complainant elaborated on his claim in successive stages, which gives reason to seriously question its reliability. Additionally, it is noted that there are contradictions in the complainant’s statements regarding the date of his arrival in Sweden. In his asylum application he stated that he arrived on 23 April 2002 whereas in his appeal to the Aliens Appeals Board he claimed to have arrived on 28 April. 4.4 The State party submits further that the Swedish Embassy in Teheran was requested to provide information regarding the Iranian certificates submitted by the complainant regarding his detention. The Embassy consulted a legal expert who concluded that the certificates are almost certainly false. The first certificate, an abstract from a criminal record, contains information that could not appear in a criminal record, such as the fact that the complainant was released on bail, and had resumed political activities and was wanted by the police. The criminal record only contains information about crimes and convictions. Moreover, a person serving a prison sentence cannot be released on bail. The second certificate which purports to be a correction of the first one contains information that the person in question was called up for military service during the alleged term of imprisonment. The Embassy notes that none of

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