CAT/C/20/D/89/1997
page 10
story which raise doubt about the credibility of the author, but the Committee
considers that the presentation of the facts by the author do not raise
significant doubts as to the trustworthiness of the general veracity of his
claims. In this context the Committee especially refers to the existence of
medical evidence demonstrating that the author suffers from Post Traumatic
Stress Disorder and supporting the author’s claim that he has previously been
tortured while in detention.
6.6. The Committee is aware of the serious human rights situation in Iran, as
reported inter alia to the United Nations Commission on Human Rights by the
Commission’s Special Representative on the situation of human rights in the
Islamic Republic of Iran. The Committee notes the concern expressed by the
Commission, in particular in respect of the high number of executions,
instances of torture and cruel, inhuman or degrading treatment or punishment.
6.7. In the circumstances, the Committee considers that substantial grounds
exist for believing that the author would be in danger of being subjected to
torture if returned to Iran.
7.
In the light of the above, the Committee is of the view that, in the
prevailing circumstances, the State party has an obligation to refrain from
forcibly returning Mr. Ali Falakaflaki to Iran, or to any other country where
he runs a real risk of being expelled or returned to Iran.
[Adopted in English, French, Russian and Spanish, the English text being the
original version]
Notes
1.
Communication No. 13/1993 (CAT/C/12/D/13/1993), Views adopted
on 27 April 1994.
2.
Communication No. 39/1996 (CAT/C/18/39/1996), Views adopted
on 7 May 1997.
3.
The delegation preparing the report included the Director-General
of the Aliens Appeal Board at the time, as well as counsel in the present case
who was at the time working for the immigration authorities.
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