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.