the Swiss Appeal Commission on Asylum Matters and not when
filing his initial application for asylum. The State expresses surprise
that a seeker of asylum on grounds of torture waited to have his
application turned down before producing a medical certificate,
whose evidential status was, moreover, compromised by the fact that
three years had passed since the alleged facts. The State adds that,
even if one considered the author's allegation that he had been
subjected to torture in the past to be well founded, it did not follow
that he ran a foreseeable personal and present risk of being subjected
to torture again if he was returned to the Syrian Arab Republic. (4)
6.9 With regard to the author's fears of being exposed to inhuman and
degrading treatment for having left Syrian territory illegally, the State
party notes that the author's allegations that he had left the Syrian
Arab Republic under threat of reprisals by the Syrian authorities
lacked credibility. There is no evidence to back the claim that the
author's uncle had been warned of his imminent arrest. However,
evidence that the petitioner was under threat at the time of leaving his
country is, the State party notes, a prerequisite for the granting of
asylum. Moreover, the author has not furnished proof of having left
Syrian territory illegally. And even if he had, the penalty for such an
offence would be a fine or term of imprisonment, which cannot be
considered to be a breach of article 3 of the Convention.
6.10 With regard to the risks incurred by the author for having
applied for asylum in Switzerland, the State party considers that the
Syrian authorities would not subject him to inhuman or degrading
treatment solely on that account, since they are aware of the fact that
many of their nationals try in this way to obtain residency permits in
Europe. The State has no concrete evidence to the effect that asylumseekers returned to the Syrian Arab Republic are subjected to
treatment that violates article 3 of the Convention.
6.11 Lastly, the State party considers the author's allegation that he
would risk persecution because of his close links in Switzerland with
movements that opposed the Syrian regime. The State party notes that
the author's statements on the subject are very vague and
insubstantial, indicating that the activities in question were on a very
limited scale; otherwise, the author would have described them in
detail to the Swiss asylum authorities in his own interest.
6.12 The State party concludes that, under the circumstances and
following careful scrutiny of the case, substantial grounds do not exist
for believing that the author would be in danger of being subjected to
torture if he was returned to the Syrian Arab Republic. The State