CAT/C/36/D/256/2004 Page 7 complainant did not mention during the domestic proceedings the misunderstanding that he now invokes, and there is no indication that the interpretation during the third interview was flawed. 4.9 As to the sentence itself, the State party refers to the findings of the Migration Board that the possession of a parabolic antenna does not render punishment as harsh as flogging in Iran and that consumption of alcohol was primarily punished under the set of rules in Iranian Penal Law called houdud. The relevant punishment was 80 whiplashes, but such a sentence required that the accused had confessed on two occasions that he had consumed alcohol, and two men should have witnessed this act. The sentence would only be enforced in cases where the accused could not rationally explain his alcohol consumption. There is also the possibility for the accused to be pardoned, or under certain circumstances, to have the sentence set aside, providing that he regretted his actions. The consumption of alcohol could also be punished under the tazirat rules of the Iranian Penal Code, under which he may be sentenced to three to six months’ imprisonment and/or 74 whiplashes. In view of the high standard of proof required under the Houdud rules, and the fact that under Tazirat rules alcohol consumption was primarily punished by imprisonment, together with the lack of credible documentation on this point, the Board found unlikely that the complainant had been sentenced to, or was at risk of being subjected to, flogging for alcohol consumption or possession of a parabolic aerial. 4.10 As to the claim that he is at risk of being tortured on account of his political activities with the SPI, the State party submits that, the complainant elaborated on this claim in successive stages, which gives reason to serious questions about its reliability. At the first interview by the Migration Board, he stated that he had not been politically active in Iran. Later he submitted that he had assisted his politica lly active brother-in-law, and in a submission to the Migration Board, in February 2003, he claimed that he should be granted political asylum on these grounds. It was not until his appeal to the Aliens Appeal Board in August 2003, that he invoked his own political involvement as the reason for asylum. 4.11 In support of his claim, the complainant submits two summonses inviting him to attend the public Court of Shiraz, on 31 July 2004 and 25 August 2004, which he claims were handed to his mother. The same Iranian legal expert was consulted on the authenticity of these documents: He concluded that, although the summonses themselves indicate that they were issued by the Public Court in Shiraz, the stamps on the documents originate from the division of the Public Prosecutor’s Office, and prosecutors in Iran do not issue summonses. In addition, the purpose of the hearing normally included on summons is to explain certain circumstances rather than to explain “statements made against you by two named persons”, as in this case. In addition, it is noted that these two summonses were invoked in support of his claim that the two named persons had reported to the Iranian authorities that he had worked actively against the regime. As this would appear to suggest that he was wanted by the authorities for some kind of political crime, which are dealt with by the Revolutionary Court and which does not issue summonses, the authenticity of these documents was doubtful. 4.12 In addition, despite efforts made to find information on the SPI, the State party claims that is has found nothing, either in human rights reports, on the internet, or through the Iranian legal expert in Teheran. Thus, even if it is accepted that this party exists, it has not attracted any attention among those likely to have heard about it if its members had been subjected to persecution by the Iranian authorities, as claimed. As to the claim that he is

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