CCPR/C/114/D/2329/2014
accepted. The author alleges that persons without legal travel documents are arrested and
taken to court, where their background and their reason for departure are assessed. 6
3.6
Against this background, the author claims that the authorities of the State party
arbitrarily refused his asylum request, failing to assess adequately the risk that he would
face if he were returned to the Islamic Republic of Iran. In that connection, he submits that
the Refugee Appeals Board’s decision to refuse his asylum request was only based on its
appraisal of his accounts as implausible, that the Board did not even provide an adequate
explanation for finding them untrustworthy, and that it therefore failed to assess all the
elements related to his case, including the fact that he is a sympathizer of the Kurdish
Democratic Party of Iran.
State party’s observations on admissibility and the merits
4.1
On 9 July 2014, the State party provided observations on the admissibility and
merits of the communication. It submits that the communication should be declared
inadmissible on the grounds of incompatibility with the provisions of the Covenant, and for
non-substantiation. If the Committee were to declare the communication admissible, the
State party maintains that the Covenant would not be violated if the author were returned to
the Islamic Republic of Iran.
4.2
The State party provided a detailed description of the asylum proceedings under the
Aliens Act and, in particular, of the organization and competence of the Refugee Appeals
Board. The State party advises that the Board’s decisions are based on an individual and
specific assessment of the relevant case. The asylum seeker’s statements regarding his
grounds for seeking asylum are assessed in the light of all relevant evidence, which
includes what is known about conditions in the country of origin (background material).
The Board is responsible not only for examining and bringing out information on the
specific facts of the case, but also for providing the necessary background material,
including information on the situation in the asylum seeker’s country of origin or first
country of asylum. It also notes that it is up to the asylum seeker to make it probable that
the conditions for granting asylum are met. The assessment of evidence, carried out by the
Board, is not governed by special rules of evidence. Indeed, the assessment of evidence
performed by the Board is made on the basis of an overall assessment of the asylum
seeker’s statements and personal appearance during the hearing, in conjunction with other
information relevant to the case, including the Board’s background material on the asylum
seeker’s country of origin. In its adjudication of cases, the Board seeks to determine what
findings of fact it should make, based on the evidence. If the asylum seeker’s statements
appear coherent and consistent, the Board will normally accept them as facts. However,
inconsistent statements by the asylum seeker about crucial parts of his grounds for seeking
asylum may weaken his credibility.
4.3
The State party maintains that it is the author’s responsibility to establish a prima
facie case, but that, in the present case, the author failed to do so for the purposes of the
admissibility of his communication under articles 7, 18 and 19 of the Covenant. It has not
been established that there are substantial grounds for believing that the author is in danger
of being subjected to torture or cruel, inhuman or degrading treatment or punishment in
violation of article 7, if he were to be returned to the Islamic Republic of Iran.
4.4
The author’s claims under articles 18 and 19 of the Covenant are manifestly illfounded. Moreover, the author is seeking to apply those obligations in an extraterritorial
manner. The State party submits that the author’s allegations of a violation of those articles
6
6
Ibid., p. 260.