Nam as the authors. Among those who have been repatriated involuntarily, some have served prison sentences
for crimes committed in countries of first asylum, but according to UNHCR there are no reports of retribution
or discrimination after their return. The State party further underlines that the majority of the approximately
500 returnees who have faced legal action upon return on charges of crimes committed before departure from
Viet Nam have been sentenced for crimes of violence and none for political crimes. UNHCR has been able
to visit all of them in private. Finally, the State party points out that several children of former leaders of the
South Vietnamese Army travel between Sweden and Viet Nam without encountering any difficulties with the
Vietnamese authorities.
5.15 As for the assessment of the individual risks of the authors of being subjected to torture, the State party
recalls that according to the jurisprudence of the Committee this risk must be foreseeable, real and personal,
and submits the following.
The case of Mr. V.X.N.
6.1
The State party recalls that the author has invoked three different reasons why he would be exposed
to a risk of 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 escaped from prison, where he was serving a 12year sentence for having killed two policemen and injured four. Secondly, some of the pursuing soldiers may
have been injured or shot to death when the author and others escaped Viet Nam by boat. Thirdly, the author
has also stated that he has received death threats from the owner of the boat which he stole in order to escape.
The State party draws the Committee's attention to the fact that the author of the present communication has
not belonged to any political organisation, nor has he been politically active in his home country.
6.2
The State party submits that during the examination of the author's case, contradictions, inconsistencies
and peculiarities concerning essential points raised serious doubts as to the credibility of the author's claims.
Firstly, it seems that the author did not raise the subject of torture until he submitted his complaint to the
Committee at the beginning of 1999. During the interview conducted with him by the local police authority
in 1992, the author did not, according to the State party, mention that he had previously been ill-treated or
tortured nor that he feared being tortured upon return. Similarly, no mention of torture was made during the
proceedings before the District Court and the Court of Appeal, in his request to the Supreme Court for leave
to appeal, or in his request to the Government in January 1999 to quash the expulsion order.
6.3
Although noting the medical certificate submitted by the author to support his claim, the State party
points to inconsistencies as regards the author's account of the nature and extent of his alleged previous torture.
During the medical examination of March 1999, the author stated that he had been in custody for eight months
and was tortured on a daily basis during the first two months. In the interview held by the Swedish Immigration
Board on 21 May 1999, the author stated that he was tortured daily during one month and thereafter three times
a week. Finally, during the last interview held by the Board on 1 June 1999, the author stated that he was in
custody for six months and tortured almost every day. In addition, the author's description of the alleged torture
has become increasingly dramatic during the proceedings. Initially the author only mentioned that he had been
kicked and beaten, while in the last interview he mentions for the first time electric shocks and having been
forced to drink water mixed with detergent.
6.4
The State party draws the Committee's attention to the fact that during the initial local police interview
in 1992, the author did not mention that he had been sentenced to 12 years' imprisonment, nor that he had
escaped from prison. His account at that time was that he had tried to escape from Viet Nam in March 1981
but failed in his attempt and was sentenced to three years' imprisonment, a sentence which he served.
According to the records of 1992, the author claimed that he again tried to leave the country in October 1984
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