CAT/C/47/D/365/2008 being tortured and killed by “tribal fighters” and the Taliban, who will regard them as traitors and disloyal, and Afghan authorities will not guarantee their safety; they will be arrested for having sought asylum in Sweden, which is considered a serious crime in Afghanistan; the first complainant worked as an interpreter for asylum-seekers in Sweden and he has therefore been registered by the Afghan secret police and is “blacklisted” in Afghanistan; their father, who was a lawyer and a Member of Parliament, had several enemies in Afghanistan and some of them are officials in the present Government, therefore they will be killed because they bear the same name. 6.22 The State party recalls that it is up to the complainants to present an arguable case. In this regard, in the present case the complainants’ claims are vague and unsubstantiated. They have not presented any evidence in support of their claims. Furthermore, there is also a clear contradiction in the first complainant’s story. During the asylum proceedings, he stated that he had had no problems with the Afghan authorities when he was expelled there by the Iranian authorities, which occurred twice. In the Islamic Republic of Iran, on the other hand, he was brutally treated. From his statement to the Migration Board, it seems that the Afghan authorities took very little interest in him. This is in sharp contrast to what is contained in the complaint submitted to the Committee, where the complainants state that the Afghan police had reacted so brutally when they saw documents from the Swedish embassy, which the first complainant brought with him, that he almost lost his life. 6.23 The complainants’ story has escalated considerably from the first asylum interviews held in December 2005 until the present complaint, which was submitted to the Committee towards the end of 2008. Their applications in Sweden were based mainly on the difficult security situation in Afghanistan and the fact that they had never lived there and that their mother and siblings lived in Sweden. Before the Committee they have invoked totally new circumstances. During the interviews held in December 2005, the complainants neither mentioned that they had been tortured in Afghanistan, nor did they express any fear of the Afghan police or other Afghan authorities. During the interviews held in September 2008 (see para. 6.13 above), both complainants stated that they risked being killed by the police because they speak the dialect of Dari used in the Islamic Republic of Iran, and by the Taliban because they are Shia Muslims. In the complaint before the Committee there is further escalation, since they mention for the first time that they have been tortured in Afghanistan. They both claim that they have been tortured by the Taliban and the first complainant also claims to have been tortured by the Afghan police. They invoke entirely new grounds against their expulsion to Afghanistan: first, that they sought asylum in Sweden, which is considered to be a serious crime in Afghanistan; second, that the first complainant is registered with the Afghan secret police because of having worked as an interpreter for asylum-seekers in Sweden; third, that some of their father’s old enemies are officials in the present Government and they will be killed because their name is known. 6.24 In view of the foregoing, there are reasons to question the credibility of the complainants’ claim that they would risk torture upon return to Afghanistan. The general credibility is also undermined by the fact that they obtained residence permits in Sweden based on false identities and untrue statements. In addition, their allegation before the Committee that they willingly told the Swedish authorities that they had lied about their identities is incorrect. They admitted to having lied only after being confronted with this information, which happened more than nine months after their arrival in Sweden. This factor further undermines their credibility. 6.25 As regards the complainants’ allegation that they are at risk of being tortured and killed by “tribal fighters” and the Taliban, it follows from article 1 of the Convention and the Committee’s jurisprudence that the risk of being subjected to ill-treatment by a nongovernmental entity or by private individuals, without the consent or acquiescence of the 11