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

Select target paragraph3