CAT/C/25/D/149/1999
page 13
procedure of international investigation or settlement. The Committee is further of the opinion
that all available domestic remedies have been exhausted. The Committee finds that no further
obstacles to the admissibility of the communication exist. Since both the State party and the
author have provided observations on the merits of the communication, the Committee proceeds
immediately with the considerations of those merits.
8.2.
The issue before the Committee is whether the forced return of the author to the
Islamic Republic of Iran would violate the obligation of Sweden under article 3 of the
Convention not to expel or to return a person to another State where there are substantial grounds
for believing that he or she would be in danger of being subjected to torture.
8.3.
The Committee must decide, pursuant to article 3, paragraph 1, of the Convention,
whether there are substantial grounds for believing that the author would be in danger of being
subjected to torture upon return to Iran. In reaching this decision, the Committee must take into
account all relevant considerations, pursuant to article 3, paragraph 2, of the Convention,
including the existence of a consistent pattern of gross, flagrant or mass violations of human
rights. The aim of the determination, however, is to establish whether the individual concerned
would be personally at risk of being subjected to torture in the country to which she would
return. It follows that the existence of a consistent pattern of gross, flagrant or mass violations of
human rights in a country does not as such constitute a sufficient ground for determining that a
particular person would be in danger of being subjected to torture upon his return to that country;
additional grounds must exist to show that the individual concerned would be personally at risk.
Similarly, the absence of a consistent pattern of gross violations of human rights does not mean
that a person cannot be considered to be in danger of being subjected to torture in his or her
specific circumstances.
8.4.
From the information submitted by the author, the Committee notes that she is the widow
of a martyr and as such supported and supervised by the Bonyad-e Shahid Committee of
Martyrs. It is also noted that the author claims that she was forced into a sighe or mutah
marriage and to have committed and been sentenced to stoning for adultery. Although treating
the recent testimony of the author’s son, seeking asylum in Denmark, with utmost caution, the
Committee is nevertheless of the view that the information given further corroborates the
account given by the author.
8.5.
The Committee notes that the State party questions the author’s credibility primarily
because of her failure to submit verifiable information and refers in this context to international
standards, i.e. the UNHCR Handbook on Procedures and Criteria for Determining Refugee
Status, according to which an asylum-seeker has an obligation to make an effort to support
his/her statements by any available evidence and to give a satisfactory explanation for any lack
of evidence.
8.6.
The Committee draws the attention of the parties to its general comment on the
implementation of article 3 of the Convention in the context of article 22, adopted
on 21 November 1997, according to which the burden to present an arguable case is on the
author of a communication. The Committee notes the State party’s position that the author has
not fulfilled her obligation to submit the verifiable information that would enable her to enjoy the
benefit of the doubt. However, the Committee is of the view that the author has submitted
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