CAT/C/22/D/104/1998
page 7
4.21 Firstly, the author travelled from Iran on a valid Iranian passport and
with an exit permit. It may be seen from the author's passport that he
underwent the usual passport control in connection with his departure from
Tehran airport. In the light of the Government's knowledge of departure
controls at Tehran airport, this means that he was not of particular interest
to the authorities at the time of his departure. This conclusion is further
supported by the author's earlier application for a residence permit in which
he had stated that he no longer worked for the “Pasdaran”. It is extremely
unlikely that he would be allowed to leave Iran if at that point he was active
in the military service in the way he described. Special permission issued by
the Iranian authority concerned is required for military personnel to leave
Iran. Thus, the claim that he was active within the armed forces and
therefore under a prohibition to travel at the time of his departure are not
credible. These circumstances conflict with the assertion that the author is
of particular interest to the Iranian authorities.
4.22 Finally, the communication from the Embassy of Sweden in Tehran clearly
shows that the document submitted by the author in the form of a judgement by
Iran's supreme court and a search warrant from the prosecution authorities
were manifest forgeries. This too gives cause for doubt and undermines the
author's general credibility. Moreover, the author waited over two months
before applying for asylum which indicates that he did not regard his
situation in his home country as particularly serious. Nothing in this matter
supports the author's claim that he would be at risk of being subjected to
torture or other form of ill-treatment upon his return to Iran.
4.23 Finally, the information which the author has provided about what
happened to him in Iran and in other respects does not demonstrate that the
risk of detention or torture is a foreseeable and necessary consequence of his
return to Iran.
4.24 The State party thus maintains that in the present case substantial
grounds do not exist for believing that the author would be in danger of being
subjected to torture. An enforcement of the expulsion order to Iran would
therefore, in the present circumstances, not constitute a violation of
article 3 of the Convention.
Author's comments
5.1
In his comments on the State party's submission the author claims that
he never said that he was a “retired National Pasdar Guard” and that the
misunderstanding may be due to a poor translation. He insists that he is a
Pasdar Guard, as the identity card he gave to the Swedish immigration
authorities attests.
5.2
Before the tourist visa was granted his sponsor in Sweden had explained
to the Swedish authorities that the author wanted to leave Iran because he was
a member of the Pasdar Guard and wished to convert to Christianity.
Therefore, the immigration authorities knew that the author was coming to
Sweden for permanent residence. Moreover, the State party itself has
acknowledged that the author had submitted an application for residence and a
work permit to the Swedish Embassy in Tehran on 18 May 1995. The delay in