CAT/C/21/D/88/1997
page 2

Annex
VIEWS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22,
PARAGRAPH 7, OF THE CONVENTION AGAINST TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT TWENTY-FIRST SESSION
concerning
Communication No. 88/1997
Submitted by:

Avedes Hamayak Korban
[represented by counsel]

Alleged victim:

The author

State party:

Sweden

Date of communication:

June 1997

The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 16 November 1998,
Having concluded its consideration of communication No. 88/1997,
submitted to the Committee against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Having taken into account all information made available to it by the
author of the communication, her counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.
The author of the communication is Mr. Avedes Hamayak Korban, an Iraqi
citizen born in 1940, currently residing in Sweden where he is seeking asylum.
He claims that his forced return to Iraq would constitute a violation by
Sweden of article 3 of the Convention against Torture. He is represented by
counsel.
Facts as presented by the author
2.1
The author was a resident of Kuwait since October 1967. He states that,
because of his opposition to the Iraqi regime, he stayed in Kuwait as a
refugee after the Gulf war. However, because of his nationality, he was
imprisoned on three occasions, tortured, in particular through electric
shocks, and finally deported to Iraq on 22 September 1991. Upon arrival
at the border he was arrested and transferred to Baghdad, where he was
interrogated at the headquarters of the Iraqi intelligence services. Later
on he was released on bail and ordered to report daily to the government
representative in his neighbourhood, as he was suspected of being an informer

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