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