CAT/C/22/D/103/1998
page 10
Additional information submitted by counsel
8.1
In response to the Committee’s request for clarifications regarding the
nature of S.M.R.’s political activities after 1990, counsel states that she
was in charge of typing texts that she received from the leader of her group.
Once typed, the texts were copied and distributed by others in the form of
leaflets. The group had four members and they met two or three times a week
when M.M.R. was not at home. These activities continued until S.M.R. left
Iran. When she left for Sweden her intention was to return and continue her
political activities. While in Sweden S.M.R. has continued to work for her
organization by participating in administrative tasks and the preparation of a
newspaper. She has also taken part in demonstrations.
8.2
S.M.R. has had no contacts with the members of her group in Iran. She
has nevertheless been informed by her organization that they have been
arrested and that the leader was sentenced to 10 years of imprisonment. When
M.M.R. was arrested he was shown a picture of the leader and asked if he
recognized her. The other members of the group were not mentioned to him.
8.3
As to the clarifications concerning S.M.R.’s passport, counsel states
that she applied for a passport three years after her release from prison.
She had no intention of using it but she wanted to check whether it was
possible for her to obtain one. According to the law, she should have been
interrogated at court after her application. In fact she was not, and the
passport was sent to her within 24 hours. When S.M.R. requested to have her
child registered in the passport the authorities found that she was not
entitled to have one and was forbidden to leave the country. She had to go to
a court, where she was questioned about her activities and her reasons for
leaving the country. She replied that she wanted to attend her brother’s
wedding. She was then told that somebody had to be responsible for her and
that her first trip abroad had to be to an Islamic country. For that reason
she travelled to Syria with her husband and child. In order to obtain a
permit to leave for Sweden she had to put up the family’s house as guarantee
of her return.
8.4
M.M.R. obtained his passport without difficulty. He had not had any
problems with the authorities for a long time. He was arrested and released
after one to two weeks, since he had not committed any crime. At that time he
did not believe that his wife was in Sweden; he therefore suggested that the
authorities ask the travel agent where she had gone. Upon his leaving the
country he paid a Pakistani citizen to help him to enter the plane without
being checked. The airline is responsible for checking that passengers have
valid visas; this might be the reason why the Swedish authorities contacted
the Iranian authorities. Iranian revolutionary guards visited M.M.R.’s mother
and asked her about his leaving the country without a visa. She replied that
she did not know anything about it.
Examination of the merits
9.1
The Committee has considered the communication in the light of all the
information made available to it by the parties, in accordance with
article 22, paragraph 4, of the Convention.