CAT/C/22/D/104/1998
page 6
4.14 On 10 July 1997, the Board decided to stay the enforcement of the
refusal of entry decision. It then made arrangements for an investigation of
the judgement through the Swedish Embassy in Tehran.
4.15 In a statement dated 4 September 1997, the Embassy concluded that the
judgement and the document from the prosecution authority were clear
forgeries. After having been informed of the Embassy's communication, the
author wrote to the Board insisting that he had given truthful information
that he was not aware that the documents were not genuine. He also insisted
that he risked capital punishment if he returns to Iran.
4.16 In its decision of 30 October 1997 the Board did not find cause to make
any other assessment than the one which was presented in the Embassy's
communication. In an overall assessment of the material presented together
with what had previously emerged in the case, the Board found that the
circumstances did not confirm that the author was in need of protection under
the Aliens Act. Furthermore, the Board did not find grounds to consider that
an enforcement of the expulsion would be contrary to humanitarian
requirements. It therefore rejected the new application.
4.17 The State party argues that in determining whether article 3 of the
Convention applies in a particular case the following considerations are
relevant: (a) the general situation of human rights in the receiving country,
although the existence of a consistent pattern of gross, flagrant or mass
violations of human rights is not in and of itself determinative; (b) the
individual concerned must be personally at risk of being subjected to torture
in the country to which he would be returning; and (c) “substantial grounds”
in article 3 (1) means that the risk of the individual being tortured if
returned is a “foreseeable and necessary consequence”.
4.18 The State party is aware that the Government of the Islamic Republic of
Iran is reported to be a major abuser of human rights. It leaves it to the
Committee to decide whether there exists at present a consistent pattern of
gross, flagrant or mass violations of human rights in the country.
4.19 Regarding the personal risk of being subjected to torture in Iran the
State party contends that several provisions in the Aliens Act reflect almost
exactly the principle laid down in article 3 of the Convention. In applying
article 3 therefore the Committee is carrying out virtually the same test as
the Swedish authorities. In making this test it should be taken into account
that a mere possibility of torture cannot in itself be sufficient to
constitute a violation of article 3 of the Convention. The risk must be
substantiated with regard to the circumstances and the asylum-seeker's
personal conditions insofar as they can be objectively certified.
4.20 In the present case the Swedish authorities have clearly found no
substantial grounds for believing that the author would be at risk of being
subjected to torture upon his return to Iran. The State party shares the
assessment made by the Swedish authorities in this respect and would like to
point out certain circumstances which are considered to be of special
importance in this context.