CAT/C/29/D/204/2002
page 9
Swedish authorities on three occasions that it occurred in September 1989. He also submits that
the information provided by him on arrival in Sweden may have been unclear as he just
completed a long and unsafe journey and experienced traumatizing events.
5.6
With respect to his girlfriend’s involvement in the incident in the park, the complainant
admits that he didn’t explicitly mention that his girlfriend was with him during the incident in the
park, but did mention their relationship. He does recall mentioning to his lawyer that corrosive
acid had been thrown at her but he submits that he could be mistaken on this point. He claims
that he did not become aware that the guard had died and that his girlfriend had committed
suicide until after the asylum process and therefore did not mention this fact during the process.
Furthermore, the complainant submits that he did not mention that he had been pushed into a
shop window by the guards in his application to the Government but that this does not mean that
his statement contradicted those previously made.
5.7
On the issue of the contradictory statements made by the complainant on his departure
from Sweden, the complainant confirms that he passed through the Iranian-Turkey border but
that he lied at the outset as he wished to protect the smuggler. With respect to the circumstances
of his mother’s death, the complainant says that the original statement he made was a
misunderstanding and that he has since provided information to the Government proving that his
mother was assassinated in 1996. The complainant also submits that even if it is unusual that
someone would be convicted to capital punishment in his absence it is not impossible. He also
states that it is possible that, although his mother told him that he had been sentenced to capital
punishment in his absence, she could have misunderstood the message received from the guards.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a complaint, the Committee against Torture
must decide whether or not it is admissible under article 22 of the Convention. In this respect the
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a) of the
Convention, that the same matter has not been and is not being examined under another
procedure of international investigation or settlement. The Committee also notes that the
exhaustion of domestic remedies is not contested by the State party. The State party submits that
the complainant has not substantiated his case for the purposes of admissibility but the
Committee is of the view that sufficient information has been provided to consider this
complaint on the merits. As the Committee sees no further obstacles to admissibility, it declares
the complaint admissible and proceeds to a consideration of the merits.
Consideration of the merits
6.2
The Committee must decide whether the forced return of the complainant to Iran would
violate the State party’s obligation, under article 3, paragraph 1 of the Convention, not to expel
or return (refouler) an individual to another State where there are substantial grounds for
believing that he would be in danger of being subjected to torture. In order to reach its
conclusion the Committee must take into account all relevant considerations, including the
existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of