United Nations Human Rights Website - Treaty Bodies Database - Document - Sessional/Annual Report of Committee -
violations of human rights (art. 3, para. 2)".
6.3 The State party also declares that "in the present case, the Appeal Commission confirmed the
decision to reject asylum on the basis of the author's statements. It considered that the grounds invoked
did not make it possible to conclude that refugee status was highly probable in the author's case. The
Appeal Commission took the following points into account in making its decision:
The author's statements about his political activity were not sufficiently substantiated,
since his knowledge of the political programme of the organization in which he claims to
have been active was very sketchy in essential respects;
The circumstances in which the author claims to have resumed working with the
organization are at variance with what is known about the practice of movements hostile
to an established political regime. The author's explanations regarding his alleged
conviction following his political activity were also considered to be at variance with the
facts;
Finally, the author's wife was unable to corroborate his statements at the hearing before
the Federal Office for Refugees."
The State party concludes that Swiss legislation essentially uses the same conditions for prohibiting
return as those laid down in article 3 of the Convention.
6.4 The State party refers to the text of article 3 of the Convention and the Committee's practice of
considering whether there are specific grounds for believing that the individual would be in personal
danger of being subjected to acts of torture in the country to which he would be returned. The existence
of a consistent pattern of gross, flagrant or mass violations of human rights does not in itself constitute a
sufficient ground for concluding that a person would be in danger of being subjected to torture on his
return to that country.
6.5 The State party observes that "in the present case, the author's statements concerning his political
activity with the People's Mujahedin did not appear to be sufficiently substantiated in the opinion of the
competent Swiss authorities". It maintains that, "in view of the inconsistency of the author's statements,
they were not sufficiently plausible to cause the Swiss authorities to consider that refugee status was
highly probable in the case of the author of the communication. The allegation of a risk of inhuman
treatment if the author were to return to Iran, which is based principally, if not exclusively, on the
consequences of his political activity cannot seriously be taken into account when it has never been
established that he engaged in the political activities in question, or even that he was a member of a
party that opposed the existing political regime". The State party further submits "that the author of the
present communication has produced no document with evidentiary value, either in the course of the
domestic proceedings or before the Committee against Torture, relating to his political activities for the
Mujahedin, or any medical certificate attesting to his having been subjected to treatment prohibited by
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/de75e94f920bd0a0802565a600537744?Opendocument (77 of 109)16/10/2006 9:54:12 AM
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