CAT/C/22/D/103/1998 page 9 7.3 The State party maintains that S.M.R.’s statement concerning her trip to Syria is not credible, but rather an attempt to explain the departure stamps in her passport. It notes that her husband has not mentioned anything about a trip to Syria, nor has he mentioned anything about a passport he must have been in possession of in order to travel to Syria. 7.4 According to reliable sources, a valid passport and an exit visa are required in order to be allowed to leave Iran. Persons convicted of a serious crime or under suspicion of such a crime or under surveillance for other reasons are not allowed to leave the country. Since S.M.R. had no difficulties in obtaining a passport as well as a visa and leaving the country, it is unlikely that she was of any special interest to the Iranian authorities at the time of her departure. On the other hand, her husband, who was allegedly arrested and interrogated, was released after a week and stayed in Iran for more than a year thereafter. Further, he further obtained a valid passport, issued on 30 September 1996, and a permit to leave Iran. Obviously, the Iranian authorities had no special interest in him either at the time of his departure in 1996. 7.5 M.M.R. arrived in Sweden without an entry visa. In the initial interrogation following his application for asylum he stated that he had obtained his passport without any difficulties, that he had not experienced any problems of a political nature in Iran and that his intention was to reunite with his wife and children. He also stated that he had not applied for an entry visa because he was convinced that he would not obtain one. Therefore, he paid a smuggler who bought him a ticket and helped him to pass through the gates at the airport in Tehran. 7.6 The State party contests M.M.R.’s statement that the Swedish police informed the Iranian authorities about his illegal departure from Iran. However, due to M.M.R.’s lack of a valid entry visa, the Swedish police authorities informed Iran Air of his arrival in Sweden. That was done in accordance with provisions of the Aliens Act aimed at inducing carriers to make thorough checks of passengers’ travel documents in order to avoid their arrival in Sweden undocumented. 7.7 The State party has obtained information according to which a person who returns to Iran after leaving the country illegally risks a fine and can be taken into custody for three days at the most. The State party has, however, no information indicating that Iranian citizens who have been expelled from Sweden have been subjected to ill-treatment upon their return to Iran. The State party calls into question whether the Iranian authorities would consider M.M.R.’s departure as illegal, in view of the fact that he was holding a valid passport, he passed the departure controls and was allowed to travel by Iran Air. 7.8 Finally, the State party indicates that the enforcement of the expulsion order against the authors has been stayed pending the Committee’s final decision on the matter.

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