CAT/C/25/D/149/1999
page 12
Swedish immigration authorities. As the new information seems to be invoked in order to prove
the existence of sighe marriages in Iran, the State party emphasizes that it does not question this
fact, nor the existence of the Bonyad-e Shahid, but, inter alia, the author’s credibility in respect
of her personal claims of having entered in such a marriage. The author’s credibility is further
diminished by the inconsistent information given relating to phone calls received by the
author’s sister-in-law.
7.12. In addition, even if the Committee does accept that the author has entered into such a
marriage, the State party asserts that this in itself would not constitute substantial grounds for
believing that the author would be in danger of being tortured or killed if returned to Iran.
7.13. It is further submitted that according to the Swedish Embassy in Tehran, it is not possible
for the Embassy to inquire whether a competent family court, rather than the Revolutionary
Court, has issued a judgement regarding the author. However, the author should, according to
the Embassy, by proxy be able to obtain a copy of the judgement if it exists, or at least obtain the
name of the court and the case number. The State party further submits that only a married
person can be convicted of adultery; it therefore seems unlikely that the author’s lover would
have been sentenced to death as claimed.
7.14. In addition, the State party claims that neither reports from the United States Department
of State nor from Amnesty International confirm the assertion by counsel that stoning is
frequently practised in Iran.
7.15. With regard to the judgement by the European Court referred to by counsel, the State
party points out that in that case the applicant had been granted refugee status by UNHCR and
the European Court had relied on UNHCR’s conclusions as to the credibility of the applicant and
the veracity of her account. In the present case, two competent national authorities have
scrutinized the author’s case and found it not to be credible.
7.16. Finally, with regard to the information given by the author’s son, currently residing in
Denmark where he is seeking asylum, the State party underlines that this information is new and
has not been presented to the national authorities. According to the State party, information
submitted at a very late stage of the proceedings should be treated with the greatest caution.
It further emphasizes a number of contradictory points in the newly submitted evidence:
(a) during the son’s interrogation by the Swedish Board of Immigration no mention was made of
any court judgement or death sentence, information which, in the State party’s view, would have
been relevant in the circumstances; (b) the son gave contradictory answers to the question of
whether he possessed a passport. The State party also finds it unlikely that the author was not
aware of, and has never invoked, the harassment to which her son was allegedly subjected after
her departure from Iran.
Issues and proceedings before the Committee
8.1.
Before considering any claims contained in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been and is not being examined under another
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