CAT/C/21/D/88/1997
page 4
State party's observations
4.1
On 16 September 1997 the Committee, acting through its Special
Rapporteur for new communications, transmitted the communication to the State
party for comments and requested the State party not to expel or deport the
author to Jordan or Iraq while his communication was under consideration by
the Committee.
4.2
In its submission to the Committee the State party indicates that the
author applied from Jordan for a visa to Sweden in September 1993 and that in
his application he stated that he had permission to stay in Jordan. The
application was rejected by the Swedish Immigration Board on 14 December 1993.
He then entered Sweden on 13 June 1994 and applied for asylum on the following
day, claiming that he did not dare to stay in Jordan as he feared that, due to
the presence of the Iraqi security police in that country, he might be sent
back to Iraq where he risked being persecuted.
4.3
The Swedish Immigration Board and the Aliens Appeals Board dismissed his
applications and ordered his expulsion to Jordan. However, following the
Committee's request not to expel the author to Iraq or Jordan while his
communication was under consideration by the Committee, the Swedish
Immigration Board decided on 24 September 1997 to stay the enforcement of its
decision until further notice, pending the Committee's final decision in the
matter.
4.4
With respect to the admissibility of the communication, the State
party submits that the author can at any time lodge a new application for
re-examination of the case, provided that new circumstances are adduced that
could call for a different decision. However, it does not raise any objection
to the admissibility.
4.5
As for the merits, the State party contends that, in determining whether
the forced return of the author would constitute a breach of article 3 of the
Convention, the following issues should be examined: (a) the general
situation of human rights in Jordan and Iraq; (b) the general situation of
Iraqi refugees in Jordan; and (c) the author's personal risk of being
subjected to torture in Jordan or after having being deported from Jordan to
Iraq.
4.6
Regarding the general situation of human rights in Jordan, the State
party finds no grounds for asserting that there exists in Jordan a consistent
pattern of gross, flagrant or mass violations of human rights. Such pattern,
however, seems to exist in Iraq. In view of that, Iraqi nationals are
normally not expelled from Sweden to their country of origin, unless the
immigration authorities find that there are objections to their presence in
Sweden from the point of view of security.
4.7
As for the general situation of Iraqi refugees in Jordan, the State
party refers to two letters submitted to the Aliens Appeals Board on
28 October 1996 and 22 September 1997 respectively, in which Amnesty
International expresses concern for the security of Iraqi nationals who are
returned from Sweden to Jordan. According to Amnesty, Iraqi citizens are