CAT/C/20/D/89/1997
page 4
2.6. The author arrived in Sweden on 6 February 1995 and joined his family.
He requested asylum on 23 February 1995. On 21 April 1995, the Swedish Board
of Immigration rejected the author’s application for asylum. His appeal was
subsequently rejected by the Aliens Appeal Board on 7 February 1996. A new
application was rejected by the Aliens Appeal Board on 27 March 1996, and a
further new application, based on the author’s political activities in Sweden,
was rejected on 24 February 1997. The author submitted a fourth application,
based on medical evidence from the Center for Torture and Trauma Survivors in
Stockholm, an application which was rejected on 27 July 1997.
2.7. Upon arrival in Sweden, the author contacted Iranian exile organizations
and joined the Iranian Socialdemocratic Movement. In Sweden, the author has
participated in meetings and demonstrations and publicly expressed critical
opinions about the Iranian Government. He is further responsible for the
publication of the organization’s newspaper. The author also states that he
continued his work by sending political materials to Iran through what he
considered being a safe communication channel, involving his sister and a
friend. According to the author, both the friend and the sister were arrested
by the Pasdaran. At the time of the submission of the communication the
sister was still held in prison.
The complaint
3.1. The author’s counsel argues that, given the absolute prohibition to
expel a person to a country where he risks to be subjected to torture, and
given that, if the author’s story is true, there is reasonable ground to
believe that he would be in danger of being subjected to such treatment upon
return, he should only be returned to Iran if it is beyond reasonable doubt
that the author’s claim is false. Otherwise, according to counsel, the asylum
seeker should be given the benefit of the doubt, not least since there exists
a consistent pattern of gross and massive violations of human rights in Iran.
3.2. The author claims that a real risk exists that he would be subjected to
torture or that his security would be endangered if he were to be returned to
his country. He further recalls that he comes from a politically active
family and has been detained and tortured because of his active work for the
Freedom Movement, a liberal nationalist party declared illegal and in
violation of the Constitution by the Government in 1990/91. It is well-known
that members of political opposition aiming at overthrowing the Government are
severely persecuted. In this context, the author refers to, among others,
reports by the United Nations Special Representative of the Commission on
Human Rights to Iran, which attest to a continuing violation of all
basic rights.
3.3. Counsel recalls that the presented forensic medical report prepared by
the Center for Torture and Trauma Survivors in Stockholm shows that the
findings are in complete consistency with the author’s claims of torture and
ill-treatment. Furthermore, according to the medical report, the author is
suffering from a Post Traumatic Stress Disorder.