CAT/C/20/D/89/1997
page 7
authorities and his sister had subsequently been interrogated and imprisoned.
The application was turned down by the Board, noting that in the light of the
Board’s knowledge of anti-governmental activities in Iran and distribution of
politically sensitive material in Iran, it was not deemed credible that the
author would expose himself and his sister of such a risk by using a personal
communication route for distribution of the mentioned materials into Iran.
4.11. Finally, on 25 July 1997, the Aliens Appeal Board examined a third new
application lodged by the author, where he invoked an examination report by
the Center for Torture and Trauma Survivors according to which the author
without any doubt had been subjected to torture and according to which there
was good concordance between the forensic medical investigation; the patient’s
allegations and the very clinical picture of PTSD found at the investigation.
The application was turned down by the Board, since the matter of the author’s
imprisonment and his alleged torture in that connection had previously been
reviewed by the Board. Already in its initial decision of 7 February 1996 the
Aliens Appeal Board stated that “(i)n view of the author’s lack of credibility
in the above-mentioned respect, the Board does not consider that it has cause
to give credence to his statement that his injuries occurred as a result of
physical abuse or torture”.
4.12. The State party draws the attention of the Committee to the main
elements in the author’s story which give rise to doubts as to the credibility
of the author. Firstly, the author travelled to Sweden from Iran with a
genuine and valid passport. Taking into account that, after his arrest by the
Iranian authorities, the author was released after a month without facing
trial, and that his father’s political activities were already known by the
authorities at the time of the author’s arrest, the Swedish Board of
Immigration and the Aliens Appeal Board questioned the author’s credibility as
to the statement that bribes were used to enable him to leave Iran.
Subsequently, there is no reason to believe that the author is of particular
interest to the Iranian authorities. Secondly, in his appeal to the Aliens
Appeals Board, the author invoked, among others, internal correspondence
between Iranian authorities regarding a warrant of his arrest. The State
party submits that the author has not been able to give any reasonable
explanation as to how he was able to acquire original documents which were
clearly intended for internal purposes. Further, there is nothing to support
the author’s claim that he has distributed politically sensitive material to
Iran. Finally, it should be noted that the author did not request asylum
until almost two weeks after his arrival in Sweden, thus indicating that he is
not in any immediate need of protection.
4.13. The State party concludes that, in the circumstances of the present
case, the author’s return to Iran would not have the foreseeable and necessary
consequence of exposing him to a real risk of torture. An enforcement of the
expulsion order against the author would therefore not constitute a violation
of article 3 of the Convention.
Counsel’s comments
5.1. In her comments on the State party’s submission, counsel for the author
draws the attention to the Committee to the fact that the author has already
lodged three so-called new applications with the Aliens Appeal Board. There