CAT/C/22/D/104/1998
page 8
applying for asylum, once he was in Sweden, was due to serious illness. The
police officer in Boras who interviewed him noticed that he was seriously ill.
5.3
The author denies having said to the immigration authorities that he had
whipped, inflicted other kinds of ill-treatment on or participated in
extrajudicial executions of people and states that he left Iran precisely
because he did not want to commit criminal acts. He claims that the
misunderstanding on this issue was also due to a poor translation.
5.4
The State party states that the author submitted copies of two identity
cards to the police in Boras. The author contends, however, that he submitted
the originals, not copies, and that these cards were undeniable evidence that
he was a member of the Sepah Pasdar Guard until he left the country. It is
also undeniable that if a member of the Pasdar Guard flees the country he will
be punished with death, even if he remains outside Iran.
5.5
The author contests the State party's statement that persons converting
from Islam to Christianity are not at risk in Iran and states that some
converts have even been executed recently. He also complains about the
Swedish authorities having informed the Iranian authorities about his
application for asylum, since that would expose him to further risk.
5.6
With respect to the observation by the State party that an Iranian
citizen has to pass strict controls at Tehran airport, the author argues that
this is true only if the person has been reported as suspicious. A Pasdar
Guard may, on the contrary, enjoy certain privileges at the airport.
5.7
With respect to the documents found to be forgeries, the author argues
that he himself is not sure that these documents are authentic but that he
cannot be held responsible for authenticity of documents he has received from
Iran. He further complains about the Swedish authorities having informed the
Iranian authorities that the documents were false and had been obtained
through bribes.
5.8
In a further submission the author informed the Committee that
on 16 December 1998 he filed another appeal with the immigration authorities
that was also rejected.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention. 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 is further of the
opinion that all domestic remedies have been exhausted and finds that no
further obstacles to the admissibility of the communication exist. Since both
the State party and the author's counsel have provided observations on the
merits of the communication, the Committee proceeds with the consideration of
those merits.