CAT/C/35/D/258/2004
Page 9
4.7
The report also pointed out to certain inconsistencies regarding the circumstances
of the complainant’s escape from prison. In a Community Assessment document dated 1
September 1998 the complainant’s former wife stated that he was sentenced to two years’
imprisonment and was released within that time frame, less 22 days for good behaviour.
Furthermore, a psychological report dated 8 December 1988 indicated that the complainant
went to Pakistan after release from jail.
4.8
The Ministerial Opinion report also indicated that the complainant had presented
no specific evidence to establish that he did remain politically active while in Canada. He
had not suggested that the Iranian authorities had actively sought him out at any time and
there was no mention of any harassment by government officials towards his family
members. Taken into consideration that he had been incarcerated for a number of years
and, prior to that, lead what was apparently an isolated existence, it was unlikely that he
had remained politically active in any significant way.
4.9
The State party concludes that the complainant did not prima facie establish
substantial grounds for believing that his removal to Iran will have the foreseeable
consequence of exposing him to a real and personal risk of being tortured. While it does
not dispute that the complainant was at one time involved in a failed coup d’état or that he
was imprisoned as a result of his participation in the coup, he has not shown that he faces
any risk of torture if he is removed to Iran by reason of his past association with the NIMA.
He has provided a newspaper clipping written in Persian and a letter from the Secretariat
of Reza II. Both date back to 1988. He has provided no recent material to suggest that
Iranian authorities have any interest or intention to prosecute or detain him and subject him
to any treatment contrary to article 3. His participation in an attempted coup that took
place over 20 years ago cannot be viewed as having occurred in the recent past.
4.10 The complainant has provided no evidence to suggest that members of his family
in Iran have been the victims of retribution by the Iranian authorities because of his alleged
political opinions, nor on account of any involvement in his alleged escape from prison
and subsequent departure from Iran. In fact, all that remains is the complainant’s bare
assertion that he will be tortured or executed upon his return. Given the complainant’s
continuing equivocation with respect to whether he did or did not commit aggravated
assault, as well as other inconsistencies that were noted by the Federal Court in its reasons
for dismissing the complainant’s application for judicial review, the State party submits
that the complainant is not credible and that reliance should not be placed on his word
alone.
4.11 Regarding the complainant’s activities since leaving Iran, all the complainant has
provided is his own unreliable statement that he continued his political involvement in
Canada. In the absence of credible and recent evidence, it is impossible to conclude that he
faces a danger that is personal, present and foreseeable. Finally, while the human rights
situation in Iran remains problematic, the complainant has provided no evidence in support
of his allegations that he himself is at any risk of torture.
4.12 The State party submits that three risk assessments were conducted prior to the
determination that the complainant was a danger to the public and should be removed from
Canada. The complainant had the opportunity to make submissions about the risks he
would face on three separate occasions. He used these opportunities and made extensive
submissions in relation to his particular circumstances. In none of the three separate