UNHCR’s Handbook, article 199, which states that
untrue statements by themselves are not a reason for
refusal of refugee status and that it is the examiner’s
responsibility to evaluate such statements in the light
of all the circumstances of the case.
7.6 As regards the medical evidence, the Board
noted that the author had given contradictory
statements as to how the injuries were caused,
whether by a hot metal object or by a gas burner,
whether by a key or a knife. The Board concluded
that “against the background that Yaragh Tala on
several occasions has given very detailed and
exhaustive statements regarding the torture he claims
to have been exposed to, the contradictory
statements may, in the Board’s opinion, indicate that
the injuries have been caused in another way than he
has stated. Although the injuries per se are
documented, they do not in the Board’s opinion,
show that Yaragh Tala has been tortured when in
detention”.
8.3 Counsel further refers to article 198 of the
Handbook, which indicates that persons who have
been persecuted may be afraid to give a full account
to the authorities. Counsel acknowledges that the
author’s case depends completely on his credibility.
He gave untrue statements and his statements were
also contradictory and inconsistent. She states that
only the human and psychological factor might
explain his conduct. “A man fleeing from a cruel and
relentless regime against which he has been fighting
and which had subjected him to cruel torture cannot
be expected to behave in a rational way once he has
managed to escape from his tormentors. It will take
time for him to collect himself enough to understand
that he is spoiling his right for protection and that he
must come up with his complete and true story.”
7.7 The State party submits that on the basis of the
above-mentioned decisions, it has concluded that the
author is of no interest to the military or police
authorities in Iran and that the facts he has invoked
do not substantiate his assertion that he has been
exposed to torture and that he risks torture upon his
return to Iran.
8.4 Counsel contends that in spite of the initial
doubts regarding the author’s trustworthiness, he
thereafter provided a credible, consistent, thorough
and detailed description. Considering his history of
torture and persecution, counsel argues that his
initial failure is explainable and excusable.
7.8 The State party concludes that, in the
circumstances of the present case, the author’s return
to Iran would not have the foreseeable and necessary
consequence of exposing him to a real risk of torture.
An enforcement of the expulsion order against the
author would therefore not constitute a violation of
article 3 of the Convention.
8.5 Counsel concludes that the return of the author
to Iran would have the foreseeable and necessary
consequence of exposing him to a real risk of being
detained and tortured.
8.1 In her comments on the State party’s
submission, counsel for the author takes issue with
the State party’s suggestion that domestic remedies
are not exhausted until the author has actually been
deported. She states that it would then be too late to
seek any effective remedy. She further argues that
the elements provided by the author make his
communication compatible with the provisions of
the Convention.
Issues and proceedings before the Committee
9.
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 available to the author
have been exhausted. The Committee finds that no
further obstacles to the admissibility of the
communication exist and proceeds with the
consideration of the merits of the communication.
8.2 Counsel points out that the Alien Appeals
Board apparently had some hesitations as to the
author’s political background and requested the
Swedish embassy in Tehran to verify the facts as
presented by the author, including the sketches he
had made of the Revolutionary Guards’ headquarters.
In its reply, the embassy refused to judge the
personal trustworthiness of the author but confirmed
that it might well be possible to bribe oneself out of
prison even in political cases. Counsel argues that
where the Appeal Board had real doubts about the
author’s expulsion, he should have benefited from
those doubts, especially since at the appeal he had
presented a credible, consistent, detailed and
thorough description of his asylum claim. It is
argued that the authorities have used the untrue
statements given by the author in the beginning to
completely disqualify him for asylum in Sweden
regardless of what he later presented and contrary to
10.1 The Committee must decide, pursuant to
article 3, paragraph 1, whether there are substantial
grounds for believing that Mr. Tala would be in
danger of being subjected to torture upon return to
Iran. In reaching this decision, the Committee must
take into account all relevant considerations,
pursuant to article 3, paragraph 2, including the
existence of a consistent pattern of gross, flagrant or
mass violations of human rights. The aim of the
determination, however, is to establish whether the
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