CAT/C/22/D/103/1998
page 11
9.2
The issue before the Committee is whether the forced return of the
authors to Iran would violate the obligation of Sweden under article 3 of the
Convention not to expel or to return a person to another State where there are
substantial grounds for believing that he/she would be in danger of being
subjected to torture.
9.3
The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that the authors would be in
danger of being subjected to torture upon return to Iran. In reaching this
decision the Committee must take into account all relevant considerations,
pursuant to paragraph 2 of article 3, including the existence of a consistent
pattern of gross, flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individuals concerned
would be personally at risk of being subjected to torture in the country to
which they would return. The existence of a consistent pattern of gross,
flagrant or mass violations of human rights in a country does not as such
constitute a sufficient ground for determining that a particular person would
be in danger of being subjected to torture upon his return to that country;
specific grounds must exist indicating that the individual concerned would be
personally at risk. Similarly, the absence of a consistent pattern of gross
violations of human rights does not mean that a person cannot be considered to
be in danger of being subjected to torture in his or her specific
circumstances.
9.4
In the case under consideration the Committee notes the State party’s
statement that the risk of torture should be a “foreseeable and necessary
consequence” of an individual’s return. In this respect the Committee recalls
its previous jurisprudence 3 that the requirement of necessity and
predictability should be interpreted in the light of its general comment on
the implementation of article 3, which reads: “Bearing in mind that the State
party and the Committee are obliged to assess whether there are substantial
grounds for believing that the author would be in danger of being subjected to
torture were he/she to be expelled, returned or extradited, the risk of
torture must be assessed on grounds that go beyond mere theory or suspicion.
However, the risk does not have to meet the test of being highly probable”
(A/53/44, annex IX, para. 6).
9.5
The Committee does not share the view of the National Immigration Board
that it is unlikely that S.M.R. held regular meetings at her home without her
husband’s knowledge. Furthermore, the Committee has no reasons to question
S.M.R.’s credibility regarding her past experiences of detention, her
political activities and the way in which she obtained a passport. However
the Committee considers, on the basis of the information provided, that the
political activities that S.M.R. claims to have carried out after 1991, inside
and outside Iran, are not of such a nature as to conclude that she risks being
tortured upon her return. The Committee notes, in particular, that after
M.M.R.’s release he was not further questioned about his wife’s activities and
whereabouts, neither was he molested by the Iranian authorities. Moreover,
there is no indication that an arrest order has been issued against S.M.R.
Counsel submits that the other members of her group were arrested and that the
head of the group was sentenced to imprisonment. No information is provided,
however, as to the grounds for her conviction and there is no indication that
the women were subjected to torture or ill-treatment.