CAT/C/31/D/213/2002
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4.7
The State party adds that the complainant’s credibility is of vital importance in taking a
decision on the application for asylum, and that the national authorities conducting the
interviews are naturally in an excellent position to assess that credibility. The State stresses that
the complainant’s statements contain various discrepancies and grey areas which diminish the
credibility of his complaint.
4.8
First, the State party contends that the complainant’s statements to the Swedish Migration
Board and the Swedish Aliens Appeals Board and the complaint submitted to the Committee
referring to the dates on which he was arrested and tortured while living in Costa Rica are not
consistent. The complainant declared to the Swedish Migration Board and to the Canadian
authorities that an organization called Acaina had filed suit against him 33 times, while he told
the Swedish Aliens Appeals Board and reported in his complaint to the Committee that he had
been arrested more than 30 times. Lastly, as to the circumstances of his being shot in 1995, he
declared to the Swedish Migration Board and to the Canadian authorities that an individual had
threatened to shoot P. A. M. but that he himself had intervened and been hit as a result. Before
the Swedish Aliens Appeals Board, however, and in the complaint to the Committee, he stated
that an individual had attempted to murder him and that it was then that he had been shot.
4.9
On the reasons why the complainant contends that he is in danger of being tortured if he
is returned to Costa Rica, the State party points out that his participation in peasant disputes over
land took place quite some time ago. It quotes human rights reports which show that the
situation has improved since 1999.
4.10 The State party further argues that, according to the complainant himself, the most
serious incident, namely, when he was shot, took place in 1995. The State party points out,
however, that the complainant left Costa Rica only in May 1997. He left the country legally, and
apparently without difficulty. This would suggest that he had no need of urgent protection even
in 1997.
4.11 The State party asserts that the complainant has not demonstrated the risk of persecution
by the Costa Rican authorities, and that in any case, if it were considered that the complainant
risks persecution today, it would be from organizations with which he has been in conflict for
various reasons. The State party asserts, however, that persecution of this nature does not fall
within the purview of the Convention.3 It adds that there is nothing to indicate that Costa Rica is
unable to furnish adequate protection to the complainant should he be the object of such
persecution. Costa Rica has furthermore ratified the Convention and made the declaration under
article 22; the complainant would therefore be able to enjoy the protection provided by the
Convention in his country of origin.
Comments by the complainant concerning the State party’s arguments:
5.1
In a written submission dated 25 November 2002, the complainant commented on the
State party’s observations, referring to facts not appearing in the initial complaint, and putting
forward new allegations which similarly did not appear in his initial submission. On the issue of
the general situation of human rights in Costa Rica, the complainant quotes a press release issued
by the Popular Vanguard Party of Costa Rica on 18 October 2002 denouncing acts of political