CAT/C/25/D/149/1999
page 8
and think according to Swedish or Western standards. The authorities do not take into account
the prevailing cautiousness in Iran with respect to giving personal information, particularly to
public officials.
5.5.
With reference to the photographs of victims of torture which the author claims to have
handed over to her lover, counsel submits that this fact in no way diminishes the author’s
credibility. The couple were engaged in a serious relationship and intended to marry and there
was no reason for the author not to pass on such photos to a man in whom she had total
confidence. Further, counsel underlines that the author has never argued that her handling of the
photographs in question supports or has anything to do with her asylum claim.
5.6.
Counsel notes that the State party observes that the author has not cited any medical
certificate attesting to injuries resulting from the beatings she was subjected to by her
sighe husband. Counsel reminds the Committee that the author left Iran the following day and
that her main preoccupation was to arrive safely in Sweden. Counsel further states that most
Iranian women are used to violence by men and they do not or cannot expect the legal system to
protect them, despite the positive changes which have recently taken place in Iran in this respect.
As an example, counsel states that an Iranian woman wishing to report a rape must be examined
by the courts’ own doctors as certificates by general doctors are not accepted by courts.
5.7.
With reference to the fact that the author’s passport number was given in her asylum
application although she had claimed to have disposed of her passport upon arrival in Sweden,
counsel states that there is no indication on the asylum application that the author’s passport has
been seized by the Immigration Board officer, which is the rule in order to secure enforcement of
possible expulsion; this fact seems to support the author’s version of events. In addition, the
author has maintained that when filing her application she merely had to state her name, all other
necessary details having appeared on a computer screen. This information has been corroborated
by the Immigration Board registration officer who received the author’s asylum application and
who told counsel that, in recent years, a person granted a tourist visa is registered in a computer
database, containing all available information, including passport numbers. The author had been
granted a tourist visa for Sweden twice in recent years, so her account was absolutely correct.
5.8.
Counsel notes that the State party has confirmed that the author’s sighe husband was the
head of the Bonyad-e Shahid, which should support the author’s claim; he was generally referred
to as “Ayatollah”, even though his title was Hojatolleslam. Counsel reminds the Committee that
there are only some 10 real ayatollahs in Iran. The great majority of mullahs are of the rank of
hojatolleslam. However, mullahs who have gained power, particularly political power, are often
referred to as Ayatollah out of courtesy, an illustrative example being Ayatollah Khamenei
whose office demanded the rank of an ayatollah but who was in fact only hojatolleslam when he
was appointed.
5.9.
With reference to the State party’s argument that the author left Iran without difficulty,
counsel points out that this is consistent with the author’s version of the events leading to her
flight. She has maintained that at the time of her departure she was not yet of interest to the
Iranian authorities since her sighe husband had suppressed the Pasdaran report to the
Revolutionary Court.
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