CAT/C/28/D/185/2001
page 7
expressed concern over the wide gap that exists between law and practice with regard to the
protection of human rights in the country, and in particular over the reported widespread practice
of torture and other cruel and inhuman treatment perpetrated by police and security forces.
5.4
In respect of Mr. Karoui’s allegation that he is personally at risk of being subjected to
torture if returned to Tunisia, the State party draws attention to the fact that several provisions in
the Aliens Act reflect the same principle as laid down in the Convention article 3. Thus the
Swedish Immigration authorities applies the same kind of test when considering the application
for asylum under the Aliens Act as the Committee applies when examining a complaint under
the Convention.
5.5
The State party stresses that it is primarily up to the complainant to collect and present
evidence in support of his or her account, cf. S.L. v. Sweden.3 While reiterating the Swedish
Immigration authorities’ reasoning, it is the State party’s opinion that Mr. Karoui has not been
able to substantiate his claim that he would be in danger of being subjected to torture if returned
to Tunisia. The reasons for rejection of his application for asylum cast doubt over his credibility,
as do the fact that when spending some time preparing for the journey to Sweden, he did not
provide any explanation why he did not bring with him from Tunisia at least some
documentation that he intended to invoke before the Swedish Immigration authorities.
Furthermore, since he stated that his Tunisian passport was confiscated in 1986, but he was able
to obtain a new passport before going to Algeria in 1991, he may as well have used a legal
passport when travelling to Sweden. However, by destroying his passport, he has prevented the
Swedish authorities from examining documentation vital to the assessment of his right to
protection.
5.6
Upon entering Sweden, Mr. Karoui was carrying a visa issued by the Swedish Embassy
in Tunisia, which he obtained on wrongful grounds, by stating that since 1 March 1996 he had a
permanent senior position at the construction company where he was employed. He submitted a
certificate allegedly signed by his employer on 30 June 1999, stating that he was still employed
with the company. This information should, according to the State party, be compared with his
information to the Immigration Board that he had not worked at all since he had spent
seven years in prison, and later that he had a job as an assistant for a private company
since 1997.
5.7
The State party also explains that Mr. Karoui stated during the proceedings that he left
Tunisia because some people he knew and who also supported Al-Nahdha, had been arrested in
June/July 1999, and he feared being arrested himself. His application for a visa to Sweden was
granted on 2 July 1999, yet he did not leave until 7 August 1999. No explanation has been
provided for this delay, and although he was still under duty to report every week to the police,
he was not arrested during this period.
5.8
With regard to the certificate of conviction in absentia of 18 February 2000, the State
party notes that the sentence is considerably longer than the alleged previous sentences the
complainant allegedly received, yet he does not appear to have appealed against it or provided
any explanation for not doing so. It is also noted that the certificate of the conviction contains no
information about the date of the alleged crimes, of the fact that Mr. Karoui was convicted