CAT/C/36/D/256/2004
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Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. Following information received from
the complainant on 28 April 2006, in which he informed the Committee that he had been
refused a residence permit under temporary legislation, the Committee is 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. It considers the complaint
admissible and thus proceeds immediately to the consideration of the merits.
Consideration of the merits
9.1 The issue before the Committee is whether the removal of the complainant to Iran
would violate the State party's obligation 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.
9.2 In assessing the risk of torture, the Committee takes into account all relevant
considerations, including the existence in the relevant State of a consistent pattern of gross,
flagrant or mass violations of human rights. However, the aim of such determination is to
establish whether the individual concerned would be personally at risk in the country to
which he 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 or her 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.
9.3 The Committee recalls its General Comment No.1 on article 3, which states that the
Committee is obliged to assess whether there are substantial grounds for believing that the
complainant would be in danger of being subjected to torture were he/she to be expelled,
returned or extradited, the risk of torture must be ass essed on grounds that go beyond mere
theory or suspicion. However, the risk does not have to meet the test of being highly
probable. The risk need not be highly probable, but it must be personal and present. In this
regard, in previous decisions, the Committee has determined that the risk of torture must be
foreseeable, real and personal.
9.4 In assessing the risk of torture in the present case, the Committee has noted the
complainant’s contention that there is a foreseeable risk that he would be tortured if returned
to Iran, on the basis of his alleged previous political involvement, and that the alleged
sentence against him of 140 whiplashes would be carried out. The Committee noted his claim
that the asylum procedure in Sweden was flawed, in particular, due to inadequate
interpretation during the second interview. The Committee considers that the State party took
appropriate remedial action by allowing him the opportunity to correct errors in the minutes
of the interview. The complainant does not deny tha t he had such an opportunity.
9.5 The Committee notes that the complainant has adduced three documents, which he
purports to validate the existence of the sentence against him. He has adduced what he alleges
are two summonses to attend the Public Court of Shiraz, on 31 July 2004 and 25 August
2004. He had originally alleged that these documents were originals but, in his comments on
the State party’s submission, confirmed that they were copies. The Committee notes that the