The case of Mr. H.N. 7.1 The State party recalls that the author has invoked three different reasons why he would be exposed to a risk of being subjected to torture if expelled to his country of origin. He maintains that he would be apprehended and tortured by the Government or some governmental agency for having run away from the mine clearance work that he was forced to perform. Secondly, the author claims that he belonged to a resistance movement and was suspected of carrying out hostile activities against the Government, such as putting up posters. Finally, the authors fears reprisals for having killed several policemen in connection with his escape from Viet Nam. Some of the pursuing soldiers may have been injured or shot to death when the author and others escaped Viet Nam by boat. 7.2 The State party notes that the author has alleged that he was apprehended and subjected to torture in 1985. According to the medical certificate issued after an examination of the author by a psychiatrist in April 1999, it is very likely that the author was subjected to cruel and inhuman treatment and torture in his country. However, the State party draws the attention of the Committee to the fact that no mention is made of the author suffering from a post-traumatic stress disorder, nor is there any reference to physical signs of torture. 7.3 The State party submits that during the examination of the author's case, contradictions and inconsistencies concerning essential points raised serious doubts as to the credibility of the author's claims. The Committee's attention is drawn to the fact that the author, when interviewed by the police authorities in 1991, did not mention that he had been apprehended and tortured in Viet Nam. Nor did the author bring up the subject of torture during the proceedings in the District Court, the Court of Appeal or in his request to the Supreme Court for leave to appeal. Not until January 1998, in his petition to the Government, did the author claim that he had previously been tortured and that he feared imprisonment if expelled. 7.4 Further, the State party points out that the author has given the following different versions as to why he was apprehended and tortured by the police in 1985: (a) in his petition to the Government in January 1998 he stated that he was discovered when planning his escape from Viet Nam; (b) according to the medical report of April 1999, he was interrogated and tortured to reveal the names of his comrades in the resistance movement; (c) during the interview before the Swedish Immigration Board in May 1999, the author claimed that he was apprehended for carrying arms and evading mine clearance duty; (d) during the interview before the Board in June 1999, the author stated that he was suspected of revolutionary activities and of putting up posters; and (e) in the author's complaint to the Committee, he invokes his escape from mine clearance duty as the reason for having been tortured. 7.5 The State party draws the attention of the Committee to the fact that, when interviewed by the police in 1991, the author mentioned that he had been forced to perform hard work in a place where there were mines, but made no mention of having evaded mine clearance duty. When interviewed in June 1999, the author stated that he risked being tortured upon return to Viet Nam for having shot policemen and for being an opponent of the regime. In view of the fact that the author did not expressly refer to the escape from mine clearance duty as a reason why he would be in danger of being tortured, the State party concludes that the author himself does not fear that this circumstance will entail any serious consequences for him. In addition, the State party submits that there is no information indicating that such an act would be considered a punishable offence in Viet Nam today, let alone be punished with imprisonment. 7.6 With reference to the author's claim to have engaged in activities within the resistance movement, the State party points out that during the initial interview, in 1991, the author did not make any such claim; nor were political activities expressly mentioned in the author's communication to the Committee, they were only mentioned in the medical certificate issued in April 1999. The records of the medical examination further 140