CAT/C/36/D/256/2004
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verdict was only orally communicated to him after the court proceedings in Faza. He claims
that the State party failed in its obligation, under domestic law, to ensure that the interviews
were conducted properly. He could not correct his statements properly, because the
information he received from the interviews was incomplete. The Board refused to allow him
an oral hearing, thus preve nting him from correcting the information provided during
interviews.
State party’s submission on admissibility and the merits
4.1 By submission of 21 January 2005, the State party submits that the complaint is
inadmissible as manifestly ill-founded. On the facts, the State party confirms that the
interpretation during the second interview was defective and for this reason the complainant
was allowed to make a number of corrections to the information he had presented during the
second interview. In made such amendments in submissions on 3 February and 19 June 2003
and these corrections and clarifications were taken into account by the Migration Board.
4.2 The State party submits that the Aliens Appeal Board found no reason to refer the case
back to the Migration Board or to conduct an oral hearing. The complainant had participated
in three interviews. After it was discovered that there were deficiencies in the second
interview, a third interview was held which involved detailed questions. In addition to the
records from the three interviews, the material before the Migration Board included
submissions from the complainant. Moreover, the complainant had submitted extensive
written material to the Aliens Appeal Board.
4.3 On the merits, the State party notes that, the government of the Islamic Republic of Iran
is reported to violate human rights. However, this does not suffice to establish that the
complainant’s forced return would violate article 3. For such a violation, he must demonstrate
that he faces a foreseeable, real and personal risk of being tortured, present an arguable case
that goes beyond mere theory and suspicion, and that it rests primarily with the complainant
to collect and present evidence in support of his/her account. The State party sets out the
relevant provisions of the Aliens Act and points out that several provisions reflect the same
principle as that laid down in article 3, paragraph 1 of the Convention. It also submits that the
national authority conducting the asylum interview is naturally in a very good position to
assess the credibility of the asylum seeker’s claims. Thus, great weight must be attached to
the opinions of the Swedish immigration authorities which considered this case.
4.4 According to the State party, there is no reliable evidence that the complainant was
detained, charged or convicted for the possession of a parabolic antenna and alcohol
consumption. He failed to demonstrate that there is a risk of being subjected to corporal
punishment if expelled to Iran. With the new application submitted to the Aliens Appeals
Board on 21 June 2004, he submitted two documents, which were purported to be originals of
the decision to reject his application for conversion of the flogging sentence to a fine, and of
the note of criminal record. It was submitted that the complainant had authorised his brother
to obtain these documents for him. The Aliens Appeal Board considered that the documents
were not originals and there were a large number of fabricated documents in circulation. In
the Board’s view, they lacked probative value.
4.5 On 1 September 2004, the Aliens Appeal Board rejected the complainant’s second new
application, in which he submitted a certificate, dated 30 June 2004, and purportedly issued
by the Secretary General of the SPI. The Board stated that a similar certificate had been