CAT/C/30/D/216/2002
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punishment in the State of origin, (ii) of being subjected to torture or other inhuman or degrading
treatment or punishment, or (iii) of persecution. The Migration Board (at first instance) must
hold an oral hearing with the asylum-seeker, and the Aliens Appeal Board does so if this would
benefit the proceedings before it. After refusal, a new application advancing factual
circumstances not previously considered may be brought, in which the same grounds as above
provide entitlement to a residence permit, or where enforcement of the expulsion would be
contrary to requirements of humanity.
4.8
The State party refers to the Committee’s constant jurisprudence that while it takes into
account all relevant considerations, including the existence of a consistent pattern of gross,
flagrant or mass violations in the country in question, it is ultimately the individual concerned
who must show a personal risk of being subjected to torture. Concerning the general situation in
Jordan, the State party points out that, while not ideal, certain improvements have taken place in
the last few years. In 2001, steps were taken to strengthen the judiciary’s independence, and
there were neither reports of arbitrary/unlawful deprivation of life by State agents nor of
politically-motivated disappearances, nor of political prisoners. The law provides prisoners with
the right to counsel and to humane treatment. Most prisons meet international standards, and,
with some exceptions, the ICRC is permitted unrestricted access to prisoners and facilities,
including those of the General Intelligence Directorate. In 1999, the government also formally
granted UNHCR access, while local human rights monitors are allowed to visit prisons. The
Government does not routinely use forced exile. Jordan is a party to several major human rights
instruments, including, since 13 November 1991, the Convention against Torture.
4.9
As to whether the complainant faces a personal risk of torture, the State party points out
that the Swedish authorities apply the test contained in article 3 of the Convention, as well as the
Committee’s interpretation, as shown, by the Appeals Board decision in particular. The national
authority conducting the interviews is in a particularly good position to assess the credibility of
the complainant’s statements. In this case, the Migration Board took its decision after three
interviews totalling 5.5 hours, which, taken together with the facts and documentation of the
case, ensured that it had a solid basis for making its assessment regarding the complainant’s need
for protection.
4.11 The State party argues that, as a consequence, great weight must be attached to the
decisions of its authorities, and refers the Committee to their decisions. It recalls that the
complainant claims that he risks torture upon expulsion to the country of his nationality as a
consequence of his efforts to sell land allegedly inherited by him, and his refusal to cooperate
with the PLO. He claims he is considered a traitor by the PLO, and that the PLO has an
excellent relationship with the Jordanian authorities who may torture him or possibly hand him
over to the PLO. In response, the State party observes that at his initial interview, the
complainant only referred to land problems, making no mention of having been ill-treated by the
PLO as an alleged spy. Instead, he claimed to have been threatened by a Lithuanian “Arab
mafia” and his own family in Jordan. From the information submitted by the complainant
himself, he seems to have come to Sweden in order to sell the land in Israel and invest the
proceeds in Sweden. In the State party’s view, his asylum application was primarily motivated
by economic interests, which are not in themselves grounds for which protection under the
Convention is afforded.