CAT/C/65/D/691/2015
Migration Agency, the complainant confirmed that there was nothing hindering her from
returning to the Islamic Republic of Iran and that before leaving the country she had not
had any problems with the Iranian authorities. The Committee further notes that, according
to the authorities in the State party, the complainant’s arguments that her ex-husband would
interfere with her and spread false accusations in various ways are speculative and not
supported by any evidence or factual events. For example, the complainant submits
photographs of her family members and herself in the company of various members of the
Democratic Party of Iranian Kurdistan as proof of her ties to the Party, but she does not
state whether her husband knew about those photographs or how the Iranian authorities
might have obtained them.
10.
The Committee refers to paragraph 38 of its general comment No. 4, according to
which the burden of proof is upon the author of the communication who has to present an
arguable case. In the Committee’s opinion, the complainant has not discharged that burden
of proof. Furthermore, the complainant has not demonstrated that the authorities of the
State party failed to conduct a proper investigation into her allegations.
11.
The Committee therefore concludes that the complainant has not adduced sufficient
grounds for it to believe that she would run a real, foreseeable, personal and present risk of
being subjected to torture upon return to the Islamic Republic of Iran.
12.
The Committee against Torture, acting under article 22 (7) of the Convention,
concludes that the complainant’s removal to the Islamic Republic of Iran by the State party
would not constitute a breach of article 3 of the Convention.
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