CAT/C/35/D/250/2004 Page 10 to contact H. S., which used to be his alias in the Kurdish guerilla. An official of the Migration Board, however, reported this statement as if he had truly visited Iran. On January 1998, his brother was questioned about his whereabouts and referred that he was traveling. His brother never implied that he was visiting Iran. An employee of the Vaksala Population Registry prepared a note in which the Registry required the complainant to inform the Population Registry Office of his whereabouts before 4 February 1988. According to the complainant, this note was never delivered to him. On 25 January 1988, the Swedish Population Registry struck the complainant’s name from the list of residents. The purpose of striking someone from the National Population Registry is to assure that from that day onward the individual would not be allowed to enjoy the welfare and social benefits extended to lega l residents. Since the Registry’s decision was never communicated to any other Swedish authority, the complainant continued to receive welfare and social benefits. 5.5 On 17 March 1989, the complainant applied for a renewal of his refugee traveling document, which was granted. He then opened two bank accounts and applied for a new driving license. From 22 May 1991 to 30 December 1992, the complainant served prison sentences in Germany and Denmark. On 30 December 1992, Denmark extradited him to Sweden, in accordance with Sweden’s request. In the meantime, the Uppsala District Court prepared to indict the complainant. On 14 January 1993, in a reply to a query from the Uppsala District Prosecutor, the Migration Board stated that the complainant had obtained refugee status on 29 June 1982 and had been domiciled in Sweden ever since. The note added that nothing indicated that the complainant had ceased to be a refugee and that his temporary travel outside Sweden had not affected his refugee status, concluding that impediments against his expulsion existed. At the same time, the note added that the complainant was said to have admitted, in a radio interview, that he had traveled to Iran. 5.6 Later in 1993, the Uppsala District Court sentenced the complainant to one year of imprisonment and ordered his expulsion and a re-entry ban, based on the allegedly false information provided by the Migration Board. The complainant states that the District Court should have carried out an enquiry to determine whether there were any obstacles to ordering his expulsion. The issue of the complainant’s alleged deletion from the Swedish Population Registry was discussed at length at the court hearings. On appeal, the Svea Court of Appeal accepted the complainant’s arguments, cancelled the expulsion order, but decided to increase the complainant’s imprisonment from one to four years. The complainant realized that the issuance of an expulsion order was essentially a “hidden trap” to unreasonably prolong the period of imprisonment. 5.7 On 7 January 1997, the Uppsala District Prosecutor ordered his expulsion, relying on false allegations that the complainant had voluntarily registered himself on 25 January 1988 as having emigrated to another country. The Court did not investigate whether there were any impediments to the enforcement of an expulsion order. The court was also aware of its judgment of 1993, which had been quashed by the Svea Court of Appeal. The complainant argues that it is unlikely that the judges of the District Court had forgotten that the arguments about the complainant’s alleged trip to Iran and his removal from the Swedish Population Registry had been proven false in the 1993 proceedings. The court was not authorized to use the same invalid arguments in support of the issuance of another expulsion order. The

Select target paragraph3