CAT/C/18/D/34/1995
page 7
The State party concludes that Swiss legislation essentially uses the
same conditions for prohibiting return as those laid down in article 3 of the
Convention.
6.4
The State party refers to the text of article 3 of the Convention and
the Committee's practice of considering whether there are specific grounds for
believing that the individual would be in personal danger of being subjected
to acts of torture in the country to which he would be returned. The
existence of a consistent pattern of gross, flagrant or mass violations of
human rights does not in itself constitute a sufficient ground for concluding
that a person would be in danger of being subjected to torture on his return
to that country.
6.5
The State party observes that “in the present case, the author's
statements concerning his political activity with the People's Mojahedin did
not appear to be sufficiently substantiated in the opinion of the competent
Swiss authorities”. It maintains that, “in view of the inconsistency of the
author's statements, they were not sufficiently plausible to cause the Swiss
authorities to consider that refugee status was highly probable in the case
of the author of the communication. The allegation of a risk of inhuman
treatment if the author were to return to Iran, which is based principally,
if not exclusively, on the consequences of his political activity cannot
seriously be taken into account when it has never been established that he
engaged in the political activities in question, or even that he was a member
of a party that opposed the existing political regime”. The State party
further submits “that the author of the present communication has produced no
document with evidentiary value, either in the course of the domestic
proceedings or before the Committee against Torture, relating to his political
activities for the Mojahedin, or any medical certificate attesting to his
having been subjected to treatment prohibited by the Convention”. In the
opinion of the State party, “at this stage already, the author's communication
appears to be manifestly ill-founded as regards the existence of a personal,
serious and concrete danger of treatment contrary to article 3 of the
Convention, to which the author claims he would be exposed if he were sent
back to his country”.
6.6
The Swiss authorities further consider that some of the author's
statements do not correspond to the facts and, because they show a lack of
familiarity with established practice with regard to illegal political
activities, describe them as “totally unrealistic”. In particular, the
author's statement that he was sentenced to only two years' imprisonment
because of the judge's respect for his origins contradicts information
gathered by the Swiss authorities in the course of asylum proceedings
concerning Mojahedin.
6.7
Finally, the State party notes that the author's wife did not
corroborate his statements about his political activities. The State party
therefore concludes that the author's fear appears to be manifestly
ill-founded.
6.8
With regard to the author's activities in Switzerland, the State party
is not able to confirm the author's allegation that his identity is very
probably known to the Iranian authorities because of the events that occurred