CAT/C/20/D/65/1997
page 7
in article 3 of the Convention. The State Party recalls that the mere
possibility that a person will be subjected to ill-treatment in his or her
country of origin does not suffice to prohibit his or her return as being
incompatible with article 3 of the Convention.
5.7
In the instant case, the Immigration Board considered that the
information submitted concerning the author's political position and the
extent and nature of his alleged activity did not support the finding that he
had cause for a well-founded fear of persecution. In its rejection of the
author's appeal, the Aliens Appeals Board found that the information submitted
by the author lacked credibility and moreover, that, even if the information
was accepted as truthful, it did not show that he would risk being subjected
to persecution or that he would be entitled to asylum. The author's new
application was rejected by the Aliens Appeals Board on 10 December 1996. It
found unsubstantiated the author's claims that he had not been able to
understand the interpreters used at the hearings and that his counsel had not
devoted enough time to the case. It further noted that the author has
submitted contradictory information about the times he had spent in detention
and about the cause of the marks on his body.
5.8
The State Party emphasizes that the Aliens Appeals Board had the benefit
of an oral hearing and that it based its opinion also on its first hand
impression of the author. According to the State Party, this gives the Board
such an advantage that the Committee should allow the Board a certain margin
of appreciation when it subsequently evaluates the Board's decision.
5.9
The State Party bases itself on the findings of the Immigration Board
and Aliens Appeals Board and points out inconsistencies in the author's story
in relation to the periods of detention and argues that it is unlikely that
the author was offered a high diplomatic post if he was perceived as a threat
to the Government. According to the State Party, the inconsistencies and
peculiarities of the author's story impact significantly on its veracity and
on the credibility of his claims, including the claim that he has been
tortured. On the basis of the above, the State Party contends that the
evidence presented by the author is insufficient to demonstrate that the risk
of being tortured is a foreseeable and necessary consequence of his return to
Djibouti. According to the State Party, there is no evidence that the
author's alleged political activities render him a target of persecution by
the Djibouti authorities.
5.10 By way of conclusion, the State Party notes that the Committee has found
violations of article 3 in all the cases against Sweden which it so far
examined on the merits. In this context, the State Party points out that its
immigration authorities have a considerable experience with the examination
and determination of cases of this nature, involving difficult assessments as
regards the credibility of the information submitted. Moreover, they have a
considerable knowledge about the human rights situations in different
countries. The State Party also recalls that the test applied by the European
Commission of Human Rights under article 3 of the European Convention for the
Protection of Human Rights and Fundamental Freedoms, is in principle the same
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