CAT/C/36/D/256/2004
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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