CAT/C/25/D/149/1999
page 14
sufficient details regarding her sighe or mutah marriage and alleged arrest, such as names of
persons, their positions, dates, addresses, name of police station, etc., that could have, and to a
certain extent have been, verified by the Swedish immigration authorities, to shift the burden of
proof. In this context the Committee is of the view that the State party has not made sufficient
efforts to determine whether there are substantial grounds for believing that the author would be
in danger of being subjected to torture.
8.7.
The State party does not dispute that gross, flagrant or mass violations of human rights
have been committed in Iran. The Committee notes, inter alia, the report of the Special
Representative of the Commission on Human Rights on the situation of human rights in
Iran (E/CN.4/2000/35) of 18 January 2000, which indicates that although significant progress is
being made in Iran with regard to the status of women in sectors like education and training,
“little progress is being made with regard to remaining systematic barriers to equality” and for
“the removal of patriarchal attitudes in society”. It is further noted that the report, and numerous
reports of non-governmental organizations, confirm that married women have recently been
sentenced to death by stoning for adultery.
9.
Considering that the author’s account of events is consistent with the Committee’s
knowledge about the present human rights situation in Iran, and that the author has given
plausible explanations for her failure or inability to provide certain details which might have
been of relevance to the case, the Committee is of the view that, in the prevailing circumstances,
the State party has an obligation, in accordance with article 3 of the Convention, to refrain from
forcibly returning the author to Iran or to any other country where she runs a risk of being
expelled or returned to Iran.
10.
Pursuant to rule 111, paragraph 5, of its rules of procedure, the Committee would wish to
receive, within 90 days, information on any relevant measures taken by the State party in
accordance with the Committee’s present views.
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