2.8 The author claims that he escaped from prison on 22 June 1997. His
wife and a number of close friends arranged the flight, by reporting him to
the prosecutor on false grounds. As a consequence the author was
summoned and transported, together with two other prisoners, to the court in
Kosh district, accompanied by two police officers and three soldiers. The
guards were bribed by the author's wife and friends to allow him to escape.
2.9 After his escape, the author remained in hiding with friends in Karach.
An influential friend of the author's family, with business contacts in
Germany, arranged for the author to receive a tourist visa. The author
already had a passport which he had been issued in 1991 (see para. 2.6).
With the help of a smuggler the author left the Islamic Republic of Iran
illegally via the Kurdish mountains to Turkey. From Ankara he went legally
by air to Germany on his tourist visa and was thereafter taken by car to
Sweden via Denmark.
2.10 The author entered Sweden on 8 February 1998 and applied for asylum
the following day. The immigration authorities ordered his expulsion to
Germany, in accordance with the Dublin Convention, but before the
execution of the expulsion, the author escaped to Norway. From Norway he
was returned to Sweden. He was again expelled from Sweden to Germany
on 9 November 1998, but subsequently returned to Sweden due to the fact
that he had been outside European Union territory since his initial arrival on
German territory.
2.11 The Swedish Immigration Board rejected the author's asylum claim on
13 September 1999. The author's appeal was rejected by the Aliens Appeal
Board on 4 November 1999.
The complaint
3.1 In view of his past experiences of imprisonment and torture, the author
claims that there exist substantial grounds to believe that he would be
subjected to torture if he were to be returned to the Islamic Republic of Iran.
His forced return would therefore constitute a violation by Sweden of article
3 of the Convention.
3.2 In support of the claim, counsel provides several medical certificates.
One of the certificates is from the Centre for Torture and Trauma Survivors
in Stockholm, stating that the author suffers from a post-traumatic stress
disorder and that both medical and psychological evidence indicate that the
author has been subjected to torture with typical psychological effects as a
result. In addition, a certificate from a psychiatrist states that the
"circumstances, together with [the author's] whole attitude and general
appearance, indicate very strongly ... that he for a long time has been