CAT/C/37/D/286/2006
Page 7
4.17 In addition, the State party submits that there are serious doubts about the
complainant’s general veracity. His account of the events contains a number of
inconsistencies and shortcomings. Although the State party is aware of the Committee’s view
that complete accuracy can seldom be expected from victims of alleged torture, it considers
that the inconsistencies must be held against him in an assessment of his credibility. The State
party refers to the complainant’s contradictory or false information concerning his travel
route to Sweden, and to his absconding from, and omission to inform the Swedish authorities
of, the asylum proceedings in the Netherlands. When he was confronted with this information,
he admitted that he had applied for asylum there, but opposed being expelled to that country.
The complainant also submitted contradictory information concerning his wife and divorce.
4.18 The State party submits that the complainant has not provided any substantial evidence
as to the events in 1997, or of his claim that he is widely known to the Iraqi people or the
religious communions in Iraq. He has not presented any tangible evidence that a fatwa has
been issued against him. The lack of evidence should be noted in view of the fact that during
the asylum proceedings the complainant provided clearly conflicting information on essential
aspects. In addition, it refers to counsel’s submission and Professor H.’s statement that the
fatwa is not specifically issued against the complainant.
4.19 The State party argues that the complainant has a weak link to the Swedish society and
that he stayed in Sweden as an asylum seeker for a period of only nine months before being
arrested and convicted for smuggling of heroine and aggravated drug crimes to eight years
imprisonment. According to a taped telephone conversation between the author and his
mother invoked by the prosecutor as evidence in Göta Court of Appeal, the main purpose of
his stay in Sweden was “business”.
Complainant’s comments on the State party’s observations on the admissibility and the
merits
5.1 On 28 July 2006, counsel commented on the State party’s observations. On the
admissibility, counsel refutes the State party’s claim that the communication fails to rise to
the basic level of substantiation required for purposes of admissibility. She refers to
UNHCR´s earlier refugee statement and the letters from Professor H. and the President of the
Swedish Muslim Association. She maintains that there is a great risk that the complainant
will be tortured or even killed if forcibly returned to Iraq and claims that the communication
is admissible.
5.2 On the merits, counsel refutes the State party’s argument that an incident which took
place ten years ago would not be of interest of the people in general or from religious
communions in Iraq. She refers to Professor H.’s and the President of the Swedish Muslim
Association’s conclusions.
5.3 On the complainant’s credibility, counsel submits that many asylum seekers fail to
disclose their travel route, for various reasons. She submits that this does not however mean
that the asylum seeker is untrustworthy. She invokes the principle on the benefit of the doubt
and refers to UNHCR’s Handbook on Procedures and Criteria for Determining Refugee
Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees
(paras. 203 to 205)8. She adds that the complainant’s statement is coherent and plausible and
8
(2) Benefit of the doubt
203. After the applicant has made a genuine effort to substantiate his story there may still be a