CAT/C/37/D/282/2005**
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have been obtained before the refugee hearing and therefore could not be considered as new
evidence. In fact, the documents were found in storage at the complainant’s mother’s home.
5.5 While the PRRA officer did not contest that there was significant, unusual scarring on
the complainant’s head, scalp and body, she dismissed the medical report because the
doctor’s opinion was based on a “clinical interview” with the complainant and a review of
her Personal Information Form. These comments reflect a complete lack of training or
understanding about the nature of medical evidence. Thus, the complainant argues that
crucial medical and psychological evidence have never been properly considered at any stage
of the refugee process. The dismissal by the PRRA officer of the medical evidence was
arbitrary, unreasonable and completely incorrect. As to the writ of summons, the PRRA
officer accorded it “minimal weight”, drawing on research concerning criminal proceedings
in Iran. This is an inappropriate comparison as the writ indicates that it was issued by the
Islamic Revolutionary Court, which presides over religious matters.
5.6 With regard to the H&C decision, the complainant recalls that the Committee has noted
its limitations9 and that in the present case the H&C review and the PRRA were performed by
the same officer. In her decision on the H&C, the officer referred to her findings in the PRRA
and many of the paragraphs in the PRRA are copied verbatim in the H&C. It is submitted that
the H&C was not an independent review and suffered from the same flaws as the PRRA.
5.7 With regard to inconsistencies in her testimony, the complainant submits that none of
them go to the heart of her account and that her overall account has always been consistent.
She recalls that the Committee has frequently acknowledged that complete accuracy is
seldom to be expected by victims of torture.10 It has also held that a medical diagnosis of Post
Traumatic Stress Disorder is a relevant factor in considering whether inconsistencies detract
from a claimant’s credibility.11 Finally, as to the delay in seeking protection, the Convention
for the protection of refugees does not require that a refugee seek protection in the first state
to which he flees.
5.8 With regard to the human rights situation in Iran, the complainant recalls that the
Committee has previously taken note of the serious human rights situation in Iran in finding
that an applicant should not be refouled to that country.12 She submits that the situation in
Iran has not improved, and recalls that the General Assembly has recently expressed serious
concern at the continuing human rights violations taking place there13. The Committee has
persuasive evidence corroborating that the complainant was tortured by the Iranian
9
Counsel refers to Communication No. 133/1999, Enrique Falcon Ríos v. Canada, Views
adopted on 23 November 2004.
10
Counsel refers to Communications No. 21/1995, Ismail Alan v. Switzerland, Views adopted
on 8 May 1996; and No. 41/1996, Pauline Muzonzo Paku Kisoki v. Sweden, Views adopted
on 8 May 1996.
11
Counsel refers to Communication No. 43/1996, Kaveh Yaragh Tala v. Sweden, Views
adopted on 15 November 1996.
12
Ibid, para.10.4.
13
Counsel refers to Resolution 60/171, adopted in March 2006.