CAT/C/22/D/103/1998
page 12
9.6
The Committee further considers that the fact that M.M.R. left Iran
without a visa to enter Sweden does not constitute an additional argument to
conclude that the authors risk being tortured if they return to Iran. No
evidence has been provided to the Committee that such an act is punished in
Iran with imprisonment, let alone torture.
9.7
The Committee notes with concern the numerous reports of human rights
violations, including the use of torture, in Iran, but recalls that for the
purposes of article 3 of the Convention, the individual concerned must face a
foreseeable, real and personal risk of being tortured in the country to which
he is returned. In the light of the foregoing, the Committee deems that such
a risk has not been established.
9.8
On the basis of the above considerations the Committee considers that
the information before it does not show substantial grounds for believing that
the authors run a personal risk of being tortured if they return to Iran.
10.
The Committee against Torture, acting under article 22, paragraph 7, of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, concludes that the decision of the State party to return the
authors to Iran would not constitute a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Notes
1.Communication No. 13/1993 (CAT/C/12/D/13/1993), Views adopted on 27 April
1994.
2.Communication No. 39/1996 (CAT/C/18/39/1996), Views adopted on 7 May 1997.
3.Communication No. 101/1997 (CAT/C/21/D/101/1997), Views adopted on 20
November 1998.
- - - - -