Communication N° 43/1996
Submitted by: Kaveh Yaragh Tala
Alleged victim: The author
State party: Sweden
Date of adoption of Views: 15 November 1996
Subject matter: deportation of complainant to Iran
with alleged risk of torture
2.4 After being released from hospital, he was
moved to prison N° 66 of the Revolutionary Guards.
There he managed to get a message out to his
parents, and on 11 August 1989 he was released
awaiting trial. Apparently, his father had bribed the
man in charge into accepting the registration papers
of the family house as bail; the author adds that
normally political prisoners are not released on bail.
The author had to report at the prison every third day.
Procedural issue: none
Substantive issue: risk of torture after deportation to
receiving State
Article of the Convention: 3
1.
The author of the communication is
Mr. Kaveh Yaragh Tala, an Iranian citizen born on
18 August 1969, currently residing in Sweden. He
claims that his return to Iran would constitute a
violation of article 3 of the Convention against
Torture by Sweden. He is represented by counsel.
2.5 After about a week, he received a message
from his contact in the PMOI which he interpreted as
a warning. He went into hiding in Shiraz and later in
Boosher. After about six months, he contacted his
brother-in-law through a friend and learned that he
was wanted by the Revolutionary Guards and that
they had searched the family house and arrested his
parents
for
questioning.
Apparently,
the
Revolutionary Guards also found some secret
material that the author had hidden and arrested his
contact man. The author then decided to leave the
country, contacted a smuggler, and, at the end of
June 1990, left from Bandar Abbas by boat to Dubai
and from there by plane to Stockholm, via
Amsterdam and Copenhagen.
The facts as presented by the author
2.1 The author states that he became politically
aware in the summer of 1985, and through a friend
of the family started to become involved with the
People’s Mujahedin Organization of Iran (PMOI).
He took part in activities such as painting slogans
and distributing leaflets late at night. From
September 1986 on, he also acted as a contact
between the friend and two army officers. At the end
of 1986, he began listening to PMOI broadcasts in
order to write down messages to certain codes and to
hand them to a contact person.
3.1 The author arrived in Sweden on 7 July 1990
and requested asylum. He was briefly interrogated
by the police. On 3 September 1990, the author was
again interrogated by the police, at which occasion
he told them about his activities for the PMOI, but
not about the torture and maltreatment and the
circumstances of his release. On 26 November 1990,
the Immigration Board decided to refuse the author’s
application for asylum and ordered his expulsion
from Sweden because of the contradictions in his
statements.
2.2 In February 1987, the author was forced to
perform his military service. He was assigned to the
maintenance section of the Revolutionary Guards
headquarters. After some time he began to deliver
information, such as transport routes for ammunition
and armaments and location of ammunition and
underground storage, to the PMOI. The author also
stole and delivered to the PMOI some 20 blank
passes with which vehicles could move around
freely without being checked at checkpoints.
3.2 During the appeal, the author applied to the
Government for a change of counsel because of
unsatisfactory cooperation. This was granted on 19
March 1991. According to the author, the new
counsel was the first one who really listened to him.
In his plea, he gives the true story of the author,
including the torture, and he presented a doctor’s
certificate. Nevertheless, the Aliens Appeal Board
rejected the author’s appeal on 3 July 1992. The
Board acknowledged that the author had now given
a full and consistent description of his political
activities, detention and torture, but it considered
that he lacked credibility, since he changed his story
regarding his route to Sweden, the passport used and
his arrest and military service.
2.3 In March 1989, the author was stopped when
leaving the quarters and found with two blank passes
on him. He was arrested, beaten and kicked and was
brought to the underground prison N° 59 of the
security service of the Revolutionary Guards. There
he stayed for three and a half months, during which
period he was interrogated about 25 times. During
each interrogation he was maltreated and tortured.
During the last interrogation, he was told to lie down
on his stomach and then felt a hot metal object
against his thighs before he passed out. When his
wounds became infected, he was brought to Khatamal-anbia hospital, where he stayed under guard for
four weeks.
27
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