determination that he did not face a
substantial risk of torture upon return to Iran,
the State party submits that it was not
necessary for it to consider the issue of
monitoring mechanisms in this case. (For a
full account of the State party’s response,
see A/61/44.)
On 9 August 2006, the State party informed
the Committee that on 16 May 2006, the
complainant came to the Canadian Embassy
in Tehran to pursue certain personal and
administrative issues in Canada unrelated to
the allegations before the Committee. He did
not complain of any ill-treatment in Iran nor
make any complaints about the Iranian
authorities. As the complainant’s visit
confirmed previous information received from
his nephew, the Canadian authorities
requested that this matter be removed from
consideration under the follow-up procedure.
On 5 April 2007, the State party responded to
counsel’s comments of 24 June 2006. It stated
that it had no knowledge of the complainant’s
state of well-being and that his further
questioning by the Iranian authorities would
have been due to the discovery of the
Committee’s decision. The State party regards
this decision as an “intervening factor”,
subsequent to his return that it could not have
taken into account at the time of his return. In
addition, the complainant’s concerns do not
disclose any complaint that, were it to be
made to the Committee, could give rise to a
violation of a right under the Convention.
Questioning by the authorities does not
amount to torture. In any event, his fear of
torture during questioning is speculative and
hypothetical. Given Iran’s ratification of the
International Covenant on Civil and Political
Rights and the possibility for the complainant
to use United Nations special procedure
mechanisms such as the Special Rapporteur
on the question of torture, it considers the
United Nations better placed to make
enquiries about the complainant’s well-being.
115
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents