CAT/C/22/D/103/1998
page 6
Iranian authorities. The Board further found not credible her statement that
she had travelled to the Syrian Arab Republic at the request of the
authorities in order to prove that she was a true Muslim. The Board
considered that this was rather an attempt to explain the departure stamps in
her passport.
4.12 M.M.R.’s application for asylum was rejected by the National Immigration
Board on 23 April 1997. The Board noted that his grounds for requesting
asylum were connected to his wife’s political activities in Iran, activities
which had not been considered of such nature as to justify her protection in
Sweden. M.M.R.’s claim that he risked imprisonment for having left Iran
without a visa was not regarded as grounds for granting him protection.
4.13 The Aliens Appeal Board turned down his appeal on 27 October 1997. The
Board noted that in September 1996, after the alleged detention in
August 1995, he obtained a valid passport and permission to leave the country.
Therefore, the Board concluded, he was not at that time of special interest to
the Iranian authorities. The Board also noted that, when entering Sweden, he
had stated that he had not experienced any problems of a political nature in
Iran.
4.14 The State party reiterates that it does not question S.M.R.’s statement
in respect of imprisonment and ill-treatment in the past. What is called into
question is whether S.M.R. has been politically active since 1991 in the
manner claimed by her and therefore at risk of being tortured if she returns
to Iran at this time. In this context, the State party points out several
circumstances and elements in the authors’ account which give rise to doubts
as to S.M.R.’s alleged political activities during recent years.
4.15 Firstly, the State party asserts that, according to reliable information
available to the Government, the Mujahedin has for many years been operating
from outside Iran only. Production and distribution of leaflets for the
Mujahedin within Iran consequently does not occur. Due to this circumstance
alone, S.M.R.’s statement concerning her political activities is not credible.
4.16 The State party also underlines the findings of the National Immigration
Board and the Aliens Appeal Board as to the authors’ possession of passports.
S.M.R. was in possession of a valid national passport and visa when entering
Sweden. She obtained a passport in 1993 and had, according to the stamps in
it, left Iran on several occasions before travelling to Sweden. In the
initial investigation following her application for asylum, S.M.R. stated that
she had turned in her passport to the authorities in 1995 in order to have her
youngest child registered in it. She further stated that when she applied for
a new passport she was requested by the authorities to travel to Syria in
order to prove that she was a true Muslim. The State party finds, in
accordance with the findings of the Boards, that this statement is not
credible but rather a construction devised to explain the departure stamps in
her passport. These circumstances contradict the assertion that she was of
special interest to the Iranian authorities at the time of her departure. The
State party also underlines the facts that M.M.R., after he had allegedly been
detained in August 1995, stayed in Iran for more than a year, that he had
obtained a valid passport and that he declared, when entering Sweden, that he
did not have any problems of a political character in Iran.