CAT/C/35/D/258/2004
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assessments was the conclusion reached that the complainant faced a substantial risk of
torture if he were to be removed to Iran. In fact, in the most recent assessment, it was
determined that the Iranian authorities would have a minimal interest in him. This finding
was upheld by the Federal Court.
4.13 The State party contends that the Committee should not substitute its own findings
on whether there were substantial grounds for believing that the complainant would be in
personal danger of being subjected to torture upon return, since the national proceedings
disclose no manifest error or unreasonableness and were not tainted by abuse of process,
bad faith, manifest bias or serious irregularities. It is for the national courts of the States
parties to the Convention to evaluate the facts and evidence in a particular case and the
Committee should not become a “fourth instance” competent to re-evaluate findings of
fact or to review the application of domestic legislation.
4.14 Alternatively, if the communication were declared admissible, the State party
requests the Committee to conclude, based on the same submissions, that the
communication is without merit.
Complainant’s comments on the State party’s submission
5.
By letter of 11 July 2005, the complainant contends that the Danger Opinion of 8
March 2004 is based, in large part, on allegations made by his ex-wife. However, her
statements must be regarded as being tainted by strong animosity against him by reason of
their marital separation and divorce. He provides examples of statements made by her in
other to demonstrate that she is not a credible witness. For instance, in statements before
the police she feigned that she did not know the complainant’s girlfriend; this was not true,
as both women had a prior acquaintance that predated the assault. According to a police
report dated 23 May 1996, police arrived at he r residence on 27 April 1996 after she called
them alleging that the complainant had threatened her. However, despite such allegations
the complainant was not charged. The inference is that the complainant did not threaten
her and that her allegations to the police were false.
Additional submission of the State party
6.1
By submission of 29 July 2005, the State party enumerates the list of sources that
were consulted in the preparation of the Ministerial Opinion Report with respect to the role
of Monarchists in Iran. Reports and publications from the United Nations, the US
Department of State, as well as non-governmental organizations have documented human
rights abuses in Iran, including the use of torture against particular groups. These groups
generally include: prominent political dissidents, journalists, women, youth and religious
minorities. There is scarce mention of monarchists in such reports. What little discussion
there is of monarchists is limited to the period immediately following the 1979 Revolution.
The complainant refers to a list of individuals belonging to the NIMA who were allegedly
executed. However, the date of the executions was 9 November 1982.
6.2
The complainant refers to the 1998 killing of Dariush and Parvaneh Forouhar,
founders of the Iran Nation Party, as an example of a recent incident of torture perpetrated
against monarchists in Iran. While the State party is not in a position to comment on the
circumstances that led to the killing, neither the 2004 US State Department Report relied
on by the complainant, nor any other report found by the Government of Canada describe