CAT/C/25/D/149/1999
page 9
5.10. Finally, counsel states that what the author’s dead husband’s relatives have stated about
the circumstances surrounding his death has no impact on the author’s case or her credibility.
It should be noted that the author herself has never stated that her husband was assassinated by
the regime, but only that she had doubts about the circumstances pertaining to his death.
5.11. In support of counsel’s arguments she submits a medical certificate
dated 22 November 1999 from a senior psychiatrist at Sahlgrenska Hospital, where the author
was taken after an attempted suicide. The attempt was made after the Swedish police had taken
her and her son from a reception centre for asylum-seekers to a detention centre to ensure the
execution of her expulsion. The diagnosis made was deep depression combined with
contemplation of suicide.
5.12. Counsel further encloses a letter dated 27 December 1999 from the leading Swedish
expert on Islam, Professor Jan Hjärpe, who confirms the author’s account concerning the
institution of sighe or mutah marriages and the legal sanctions provided for in cases of adultery.
5.13. Counsel draws the attention of the Committee to the fact that the immigration authorities
in examining the author’s case have not considered the situation of women in Iran, existing
legislation and its application, or the values of the Iranian society. Counsel states that the
argumentation of the authorities, based almost exclusively on the author’s failure to submit
certain verifiable information, seems to be a pretext for refusing the author’s application.
In conclusion, counsel submits that according to the information provided by the author, there
exist substantial grounds to believe that the author would be subjected to torture if returned to
Iran and that the author has provided reasonable explanations for why she has not been able to or
not wished to furnish certain details.
Additional comments submitted by the State party
6.1.
In its submission dated 2 May 2000, the State party contends that the
Swedish Immigration Board and the Aliens Appeal Board have ensured a thorough investigation
of the author’s case. It reminds the Committee that during the asylum procedure, the author has
been repeatedly reminded of the importance of submitting verifiable information, but that she
has chosen not to do so. The State party does not find the explanations given hereto convincing,
reiterates that the burden of proof in principle rests with the author and maintains that the
author’s credibility can be questioned.
6.2.
Finally, the State party draws the attention of the Committee to the fact that the author
first alleged that she had been sentenced to death for adultery during an initial interview held
with her in May 1998. The State party submits that the author thus has had ample time to
present a written judgement or other evidence to support that claim.
Additional information from the State party and counsel, requested by the Committee
7.1.
Having taken note of the submissions made by both the author and the State party
regarding the merits of the case, the Committee, on 19 and 20 June 2000, requested further
information from the two parties.
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