CAT/C/22/D/104/1998
page 3

2.2
The author states that his situation became very difficult when he
refused to perform certain tasks assigned to him. For that reason he decided
to leave for Sweden, where his mother and stepfather were living. He left the
country on a valid passport, which he obtained by paying a large amount of
money, and a tourist visa that his stepfather helped him to obtain. He
arrived in Sweden on 26 October 1995 in poor psychological condition. On
10 January 1996 he applied for asylum. His application was dismissed by the
Swedish Board of Immigration on 5 September 1996. The Aliens Appeal Board
turned down his appeal on 21 April 1997.
2.3
In June 1996, the author converted to Christianity. Members of his
family who are still living in Iran informed him that the Pasdaran had issued
a warrant of arrest and that the Supreme Court of Iran had issued an order of
execution against him.
The complaint
3.1
In view of his past involvement with the Pasdaran and his conversion to
Christianity the author fears that he will be subjected to torture and
executed upon his return to Iran.
State party's observations
4.1
On 19 January 1998 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
Iran while his communication was under consideration by the Committee. In a
submission on 29 June 1998 the State party informed the Committee that, on
21 January 1998, the Swedish Immigration Board had decided to stay the
enforcement of the expulsion until further notice, pending the Committee's
final decision on the matter.
4.2
With respect to the admissibility of the communication the State party
states that it is not aware of the present matter having been or being the
object of any other procedure of international investigation or settlement.
It also states that chapter 2, section 5 (b), of the Aliens Act provides for a
re-examination of the permit issue. A new request for a residence permit may
be lodged with the Aliens Appeals Board at any time. Such a request must
always be considered by the Board, provided that there are new circumstances
that could call for a different decision. Finally, the State party, with
reference to its submission on the merits, maintains that the communication
should be considered inadmissible as being incompatible with the provisions of
the Convention.
4.3
As for the merits, the State party provides the following information
and assessment.
4.4
The author submitted an application for residence and a work permit to
the Swedish Embassy in Tehran on 18 May 1995. On that occasion he indicated
that he was a “retired National Pasdar Guard”. He entered Sweden on
26 October 1995 on a visa valid for 90 days and travelled with a valid Iranian
passport. He did not apply for asylum until 10 January 1996. His spouse and
three children remain in Iran.

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