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. -----

Select target paragraph3