CAT/C/36/D/256/2004 Page 3 rented an apartment in Shiraz for his sister and brother-in-law, who were in hiding. During their stay, the complainant frequently visited them. He also distributed videotapes and leaflets on student demonstrations for them in Teheran. His brother-in-law and sister were eventually obliged to flee to Switzerland, where they were granted political asylum. 2.3 The complainant argues that his frequent visits and absences raised the suspicion of his wife’s family, who thought that he was having an affair. He was unable to reveal the truth and unable to give a plausible explanation. His wife requested a divorce and obtained it on 28 August 2001. The complainant’s ex-wife’s family reported him to the authorities on the basis that he frequented a suspicious address in Shiraz, had a parabolic antenna, and frequently drank alcohol. On 1 September 2001, a policeman conducted a search of the complainant’s home and confiscated the parabolic antenna and some alcohol. The complainant was arrested and brought to the “General court” in Faza, where he was detained. He was interrogated for 24 hours and severely beaten. He experienced a severe pain in his kidneys as a result. In the night of 2 September 2001, a medical doctor ordered him to be sent to a hospital, where he was diagnosed as suffering from “inflammation of the kidneys”. He was then transferred to a detention centre adjacent to the General Court. 2.4 On 3 September 2001, he was charged with the crime of possessing a parabolic antenna and possessing and drinking alcohol. He explains that the real reason for his arrest was to keep him detained, pending the investigation of his visits to the apartment in Shiraz. On 12 September 2001, the General Court found him guilty as charged and sentenced him to 140 whiplashes (75 for the antenna, and 65 for the possession of alcohol). On 14 September 2001, he appealed to the court with a request to have his punishment transformed into a fine, but his request was denied on 18 September 2001. The verdict was to be enforced on 21 September 2001. On 18 September 2001, the complainant was released on bail. He learned from a friend that his political activities were discovered by the authorities, in the course of the investigation on him. On 18 September 2001, he left Faza and travelled to Shiraz, after having been informed by his lawyer that the authorities were searching for him for “serious crimes”. 2.5 On 19 September 2001, the complainant called his neighbours in Faza and learned that the authorities had searched his home and closed his repair shop. He realized that his life was in danger and decided to flee from Iran. He went to Bandar Abbas and stayed there for 25 days, before leaving to Tabriz. A smuggler brought him to the border, and from there he went to Sweden by train and car. On 22 January 2002, he arrived in Sweden. On the same day, he requested political asylum and had a preliminary interview. On 18 December 2002, a complete interview took place. The complainant was represented by a lawyer. On 23 May 2003, he had a complementary interview, and his lawyer represented him by phone. During this third interview, upon being asked questions that he had already answered, the complainant had the impression that the translation during the earlier interviews was inadequate and complained to the authorities. On 4 June 2003, the authorities proceeded to the audition of the tape recordings and concluded that the interview was defective, as the interpreter had left out and added information. 2.6 On 17 June 2004, the Migration Board rejected the compla inant’s asylum request, on the grounds that his statements were not credible. It considered that he had altered his statements, from a fear of punishment for possessing a parabolic antenna and drinking and possessing alcohol, to a fear of punishment for aiding a person with an illicit political view. The Board

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