finds it difficult to believe that inconsistencies in the information provided to the State party and to the Committee resulted from the effects of torture. In addition, and contrary to the complainant’s claim, the Committee notes that the complainant was inconsistent in his description of the incident in the park, including his failure to mention his girlfriend’s presence until his application to the Government in 2002. The Committee also observes that the complainant has failed to sufficiently explain many other inconsistencies in his claim, including the circumstances of his mother’s death and his departure from Iran, which raises doubts with the Committee as to his credibility. In light of the foregoing, the Committee finds that the complainant has not established that he himself would face a foreseeable, real and personal risk of being tortured within the meaning of article 3 of the Convention. 7.The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the complainant’s removal to the Islamic Republic of Iran by the State party would not constitute a breach of article 3 of the Convention. Notes Complaint No. 190/2001 Submitted by:K.S.Y. (represented by counsel) Alleged victim:K.S.Y. State party:The Netherlands Date of complaint:5 January 2001 (initial submission) The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 15 May 2003, Having concluded its consideration of complaint No. 190/2001, submitted to the Committee against Torture by Mr. K.S.Y. under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the author of the complaint, his counsel and the State party, Adopts the following decision under article 22, paragraph 7, of the Convention. 1.1The complainant is Mr. K.S.Y., a citizen of the Islamic Republic of Iran, born on 23 August 1950, whose application for refugee status was rejected in the Netherlands. He claims that his deportation to Iran would constitute a violation by the Netherlands of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel. 1.2In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted the communication to the State party on 16 October 2001. Pursuant to rule 108 of the Committee’s rules of procedure, the State party was requested not to deport the complainant to Iran pending the consideration of his case by the Committee. The facts as presented by the complainant 2.1The complainant states that he has encountered problems in Iran on account of his homosexuality and because of the political activities of his brother, A.A. 2.2The complainant had difficulties with Iranian authorities since his brother was recognized as a refugee in the Netherlands in the early 1980s. He was interrogated by the Monkerat (Special Unit of the Revolutionary Committee) four or five times and, after each interrogation, had to sign the next convocation. 2.3In March 1992, the complainant travelled to the Netherlands for the wedding of his brother. When he returned to Iran, he was interrogated by the authorities about the reasons for his trip and the activities of his brother in the Netherlands. The Iranian authorities confiscated his passport, issued an order prohibiting him from travelling abroad. He was ordered to report daily to the passport office of the Criminal Investigation Department. 2.4In Iran, the complainant had a homosexual relationship with one K.H., whose homosexuality allegedly was evident due to his “female” behaviour. Because of his homosexuality, he separated from his wife, with whom he had three children. 2.5On 10 August 1992, the complainant was arrested in Shiraz by the Monkerat on account of complaints by neighbours about his homosexual activities. His partner was not arrested as he went into hiding. The complainant was taken to a prison in the Lout desert and interrogated about his homosexuality and his brother’s activities. During his detention, he allegedly was tortured, beaten with cables on the soles of his feet, on his legs and in the face, and hung from the ceiling by one arm for half a day over three weeks. The complainant was later sentenced to deatha but never received a written copy of the verdict. After five months of detention, he succeeded in escaping with the help of the prison cleaning services who hid him in the garbage truck. The escape was facilitated by the absence of guards in the evening, the prisoners all being confined in their cell. 2.6The complainant first went to Mashad and then to Ispahan, where some relatives resided. From there he organized his travel to Europe. In August 1993, the complainant and his partner travelled separately to the Netherlands. The complainant used an Iranian passport provided by a smuggler, with his own photograph. When he arrived in the Netherlands, he destroyed the passport as he had been told to do so.