CAT/C/20/D/89/1997
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 - TWENTIETH SESSION
concerning
Communication No. 89/1997
Submitted by:
Ali Falakaflaki
[represented by counsel]
Alleged victim:
The author
State party:
Sweden
Date of communication:
3 September 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 8 May 1998,
Having concluded its consideration of communication No. 89/1997,
submitted to the Committee against Torture under article 22 of the Convention
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, his counsel and the State party,
Adopts its Views under article 22, paragraph 7, of the Convention.
1.
The author of the communication is Mr. Ali Falakaflaki, an Iranian
citizen born on 16 December 1969, currently residing in Sweden, where he is
seeking asylum. He claims that his forced return to Iran would constitute
a violation by Sweden of article 3 of the Convention against Torture.
Mr. Ali Falakaflaki is represented by counsel.
Facts as presented by the author
2.1. The author states that he belongs to a politically active family and
that his father became a local communist leader for the Tudeh Party already
in 1963. After having been subject to imprisonment and persecution due to his
political activities, the father went into hiding in 1989, entrusting the
author with the hiding of certain documents. Following his father’s
disappearance, the family’s house was raided on numerous occasions by
Pasdaran, the Revolutionary Guards, and as a result the author’s mother fled
to Sweden to join her youngest daughter. She was subsequently granted a
residence permit on grounds of family reunion.