CAT/C/36/D/256/2004
Page 6
submitted and that the new certificate did not contain information that gave the Board reason
to depart from its previous assessment. On 17 September 2004, the Board also rejected the
complainant’s third application. He had appended two summonses to his application, which
purported to summon him before an Iranian court, as two named persons had reported to the
authorities that he had worked actively against the regime. The Board found that crimes of a
political nature are generally dealt with by the Revolutionary Court and, according to
information available to the Board, this court does not issue summonses. In addition, the
documents at issue carried the emblem of the ordinary courts and not of the Revolutionary
Court.
4.6 In November 2004, the Government requested the Swedish Embassy in Tehran to
provide certain information regarding, inter alia , the documents submitted by the
complainant. The Embassy consulted an Iranian legal expert to obtain an opinion on the
authenticity of the alleged application to an Iranian court for a conversion of the flogging
sentence to a fine, the alleged decision of 18 September 2001 of the Court, rejecting the
application, and the alleged note of the criminal record, concerning the alleged flogging
sentence. The Embassy found that a criminal record does not normally contain the kind of
information represented therein. It observed that the note had been issued only thirteen days
after the alleged judgement was delivered, at a point in time in which the time-limit for filing
an appeal against the alleged judgement had not yet expired. It is unlikely that it would have
been issued so quickly and it generally takes longer than thirteen days before a judgement is
registered in the criminal record.
4.7 As to the alleged application for a conversion of the flogging sentence, the Embassy
noted that the form used for the application is intended for use in civil proceedings. This is
not the correct form for the present case. In addition, the Embassy noted that such an
application should be directed to the authority responsible for the enforcement of the sentence
and not, as in this case, to the court/administration against “social decay”. In addition, the text
of the alleged application states that the complainant “according to the assessment of the then
judge and prison physician, he has problems with his kidneys and is not fit to take corporal
punishment”. The State party questions why the first instance judge would issue a sentence of
corporal punishment if he held this view. Concerning the alleged decision of the Court to
reject the application, the Embassy stated that the decision only deals with issues of guilt and
not with that of conversion of the sentence. Furthermore, all three documents appear to have
been sent by fax, one after another, on 27 February 1999 , prior to the alleged events
described by the complainant. 1
4.8 The State party highlights the complainant’s failure to furnish the alleged judgement,
sentencing him to corporal punishment and submits that, in the course of the proceedings, he
provided different reasons why he could not do so. In the current complaint, the complainant
states that the judgement was only given orally by the Iranian court and thus he had never
received a written version of it at all. According to the Iranian expert, a person who had been
sentenced by a public court in Iran, as in this case, would be able to procure the judgement.
This would not be the case if it had been the Revolutionary Court that had tried him. The
1
For instance, he stated that the judgement on which the note of criminal record was based
and that his above-mentioned application concerned, was delivered by the court on 12
September 2001.