CAT/C/32/D/148/1999
Page 8
application, prepared between the airport and DIMA interviews with the
assistance of a legal representative. In the State party’s view, his explanation
that the interpretation and /or transcription of his airport interview was
inadequate is unconvincing.
4.5 Secondly, the complainant made contradictory statements about the
acquisition of the passport he used to enter Australia and his use of passports
generally. The complainant continued to make inconsistent statements on this
issue throughout the procedure to such an extent that the delegate of the
DIMA could make no finding as to his identity or nationality. The State party
sets out in detail the contradictions in the complainant’s evidence, including
one statement that he obtained his passport in the market place from a man he
did not know and to whom he paid nothing, another that he used his brother’s
passport to leave Sudan and travel through Chad, Libya, Malta, Malaysia and
Singapore over a period of two years, and yet a third contradiction that it was
an official passport but it contained wrong information.
4.6 Thirdly, the State party invokes the complainant’s lack of credibility
concerning his claimed political activities and the interest of the Sudanese
authorities therein. His evidence about his political involvement vis-à-vis his
employment was implausible, contradictory and became increasingly
convoluted over time. During the DIMA interview, the complainant described
his main task as guarding either the prison or administration building and
ensuring that there were no illegal entries. In the 2nd RRT hearing, he claimed
he transmitted letters between political prisoners and their families, without
explaining how he had contact with the prisoners when his job was to act as
sentinel at the external entrance to the buildings. He also claimed in this
hearing that this transmission service operated successfully because the
prisoners had an “instinctive...sense”, that he had sympathetic political aims.
4.7 The State party submits that there is a lack of detail concerning, and
independent corroboration of, the ill-treatment allegedly experienced by the
complainant at the hands of the Sudanese authorities. The complainant only
once provided the details of the one incident of alleged physical ill-treatment
referred to in paragraph 4.4. Even if this claim was credible, mere threats of