CAT/C/30/D/192/2001
page 6
scarcely believable. The State party observes that if the complainant was under such close
surveillance by the Syrian security forces as he claims, he would not have been able to have held
such a big meeting at his home without attracting the attention of the security forces. Neither, in
the view of the State party, is the complainant’s assertion credible that after the meeting he had
hidden for a week at his sister’s home in the same town, where he supposedly learned that the
security forces were conducting an intensive search for him. In the view of the State party there
can be no doubt that had the security forces wished to arrest the complainant they would not
have looked for him only at his home but would also have searched the home of his sister, who
lived in the same locality. Similarly, the State party asserts that it is difficult to imagine how the
complainant, supposedly being actively sought, would have been able to prepare an escape for
himself and his family while in hiding at his sister’s home.
4.7
During the CRA review proceedings, the complainant produced a document from the
Al Hasakah security division dated 21 August 1998 (see paragraph 2.6). He stated that an
acquaintance of his family, living in Syria and with good relations with secret service milieux,
had obtained the document by bribery. Subsequently the document was supposedly brought
through Germany by another acquaintance as a Polaroid photograph, and from there sent to
Switzerland by post. According to the State party, as the CRA stated in its decision of
12 December 2001, it is inconceivable that the complainant could have taken possession of the
document, which was not addressed to him personally and which he himself described as an
internal memorandum. For the State party, the complainant’s explanations of how this Syrian
security service document supposedly reached him in Switzerland are extremely vague and
unconvincing. In fact, none of the individuals who supposedly helped to obtain the document is
mentioned by name. Moreover, the links between these individuals and the complainant are not
made clear. In addition, no information is given about the bribery referred to, and, lastly, there is
no explanation of why the document had to transit Germany before reaching the complainant in
Switzerland. In view of these inconsistencies the State party takes the view that the document is
bogus. Further, in his communication to the Committee, the complainant makes no claim that
would contradict that interpretation. Lastly, according to the State party, it is to say the least
strange that the complainant acquired the document, which dates from 1998, and included it in
his file only after the Federal Office for Refugees (OFR) and the Swiss Asylum Appeal
Commission (CRA) had rejected his asylum application. It is thus highly probable that the
document was prepared for the sole purpose of constituting new evidence that would allow
review proceedings to be initiated.
4.8
Also in the CRA review proceedings, the complainant produced a copy of a judgement
of 20 May 1999 by an Al Hasakah court sentencing him to three years’ imprisonment for
belonging to a prohibited organization (see paragraph 2.7). Contrary to the complainant’s
assertions (see paragraph 3.2), the State party affirms that the CRA, in its review decision
of 12 December 2001, examined all the documents submitted by Mr. H., including the
judgement of 20 May 1999,3 and rightly considered that the latter document was bogus, for the
following reasons:
(a)
Firstly, its content does not correspond to the statements by the complainant
and his wife. The complainants never cited in the asylum proceedings the imprisonment
from 1 to 16 June 1998 mentioned in the judgement. In the examination proceedings
on 21 December 1998 the complainant referred only to imprisonment during his military service
in 1987 and further imprisonment in 1996. To the specific question of whether he had been