CAT/C/46/D/310/2007
consistent pattern of gross, flagrant or mass violations of human rights, the aim of the
determination is to establish whether the individual concerned would be personally at risk
of being subjected to torture in his or her country of origin. By reference to several human
rights reports, the State party acknowledges that the, albeit somewhat improved, human
rights situation in Syria continues to be problematic. At the same time, it recalls that such
situation does not in itself suffice to establish that the forced return of the complainant was
or would be in violation of article 3. In assessing whether the complainant faced or would
face a foreseeable, real and personal risk of being subjected to torture on return to Syria,
due weight must be attached to the credibility of his statements before the domestic
authorities.
4.4
The State party submits that the complainant made incorrect, incomplete and
contradictory statements about his nationality, age and family on several occasions:
(a)
In his application for a resident and work permit in 1990, he stated that he
was born in Beirut, Lebanon, in 1964, that is parents were of unknown citizenship and lived
in Beirut, and that he had eight brothers and sisters, one of whom was Gabi C., who lived in
Syria;
(b)
During a supplementary investigation by the police in May 1991, he denied
that he and his siblings came from Syria;
(c)
During the criminal proceedings in 1991 and the proceedings concerning his
applications for revocation of the expulsion order in 1993 and 1996, he claimed that he was
a stateless Christian Syrian, born in Lebanon, brought up in the home of an older sister in
Beirut, and unaware of the fate of his parents;
(d)
During an interview in 1996, he denied that he was a Syrian citizen and
stated that he had never seen his parents or been to Syria.
4.5
According to an inquiry report dated 17 June 1992 prepared by the Swedish
Embassy in Damascus at the request of the Swedish police, the complainant was born in
Malkie, northern Syria, as the son of Ibrahim C. and Myriam Y.; he had no brother named
Gabi and left Syria at the age of 12 for Lebanon where he staid for eight years until he went
to Sweden. An excerpt from the Syrian family registry provided to the Swedish Embassy in
1996 contains information about a family called Chahin, registered as 773/Malkie, and
consisting of two parents and 10 children, including one Anton Chahin born in 1968.
However, it was not until the enforcement of the expulsion order in 1997 and his return to
Sweden in 2003, that the complainant stated that he had been in possession of a Syrian
passport and that he was a Syrian citizen born in Syria. In his November 2004 application
for revocation of the expulsion order, he mentioned that his parents and siblings lived in
Syria.
4.6
The State party submits that the complainant also provided contradictory
information about his journey to Sweden:
(a)
After initially stating that the time of his arrival in Sweden was August or
September 1990, the complainant, in his August 1993 application for revocation of the
expulsion order, changed that date to October 1990;
(b)
In his November 2004 application for revocation of the expulsion order, he
referred to the records of his examination at the Centre for Treatment of Crisis and Trauma
Victims, according to which he had travelled back and forth between Lebanon and Sweden
from 1984 to 1987 and, after two more years in Lebanon, had settled in Sweden in 1989;
(c)
In his communication to the Committee, he repeated that he had arrived in
Sweden in 1989;
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