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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> ZG (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 345 (04 March 2008) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2008/345.html Cite as: [2008] EWCA Civ 345 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE ASYLUM AND IMMIGRATION TRIBUNAL
[AIT No: AA/10623/2005]
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE KEENE
and
LORD JUSTICE MAURICE KAY
____________________
ZG (IRAN) |
Appellant |
|
- and - |
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THE SECRETARY OF STATE FOR THE HOME DEPARTMENT |
Respondent |
____________________
WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
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Mr P Patel (instructed by the Treasury Solicitors) appeared on behalf of the Respondent.
____________________
Crown Copyright ©
Lord Justice Pill:
"…the Appellant is doing no more than trying to fit herself within the framework of objective and known material in order to bolster her case."
The general conclusion at paragraph 91 is:
"In conclusion therefore for the reasons that we have provided above we do not find that the Appellant has presented a credible account. We are prepared to accept that years ago she may have been a member or supporter of the Tudeh Party but since 1988 has ceased to be a member of that party and has not and is not of any adverse attention to the authorities. She has relatives in Iran and has the means of earning an independent living and has lived on her own in Iran for many years. Given our findings on fact and credibility we do not find that there is a risk of persecution for a Convention reason should she be returned to Iran."
"It is my professional and clinical opinion that [the applicant] has been subjected to ill treatment and torture in the manner she describes."
That follows a very long account of the history as related to him by the applicant and includes a reference to falaka while she was in detention (paragraph 5):
"…she was then beaten hard on the soles of her feet with what felt like thick cable; she was given 10 or 12 strokes with this, causing severe pain in her feet. When she was back in her cell and looked at her feet they were swollen and bleeding from the soles.
Paragraph 6, first sentence:
"She was beaten in this way on five further occasions during her detention in this place"
The doctor also noted that, following release from prison, the applicant `received medical attention. Paragraph 8:
"She had investigations after release, which confirmed early menopause; this was felt to be due to the stress in prison. She had treatment to her feet, including surgery to the left foot in Tehran, and after this treated her feet with ointment and tablets. Despite these medical problems, she became involved again in political demonstrations and left Iran following a demonstration [in 2005]."
"She has constant pain in her feet and has been advised to wear soft shoes; the pain is particularly bad on trying to walk. She continues to take tablets for the pain in her feet."
His examination includes these statements. First, in relation to the right foot, describing the extreme tenderness to light pressure over certain tendons and bones and tenderness to firm pressure over the heel pad:
"These findings are consistent with deep tendon and ligament inflammation, which is a recognised result of Falaka type beating to the soles of the feet, and indeed is the intended outcome of this type of torture."
In paragraph 17 there is a description of the condition of the left foot concluding with the statement:
"There was extreme tenderness on even very light pressure to the area of this scar, with tenderness to moderate palpitation over the midfoot and heel area, again consistent with deep tendon and ligament inflammation as would be expected from the history of Falaka beating to the feet."
Beyond the general statement of opinion at paragraph 18 the only further reference to Falaka is in the first sentence of paragraph 19:
"Falaka is a frequently used torture in many states, as it results in considerable pain and suffering, with long-term injury to the feet, but generally leaves little or no obvious scarring externally; it is only by palpitation of the soles and deeper structural tissues of the feet that the chronic damage with thickening and inflammation of the tendons and ligaments can be detected."
"The doctor is not able to assist or at least does not comment upon whether the tenderness in the feet and the thickening of the flexor tendons on the right foot are consistent with other causation bearing in mind the surgery used on the left foot such as would be used to remove nerve entrapment can or has in itself led to pain by the creation of a tender surgical scar and left numb regions…
…We have carefully assessed that medical evidence when looking at all the evidence available to us in the round. We do not find for the reasons given that applying the appropriate standard of proof in these cases we are able to conclude that the Appellant was tortured as she describes."
"In any case where the medical report relied on by an asylum seeking is not contemporaneous, or nearly contemporaneous, with the injuries said to have been suffered, and thus potentially corroborative for that very reason, but is a report made long after the events relied on as evidence of persecution, then, if such report is to have any corroborative weight at all, it should contain a clear statement of doctor's opinion as to consistency, directed to the particular injuries said to have occurred as a result of the torture or other ill treatment relied on as evidence of persecution. It is also desirable that, in the case of marks of injury which are inherently susceptible of a number of alternative or 'everyday' explanations, reference should be made to such fact, together with any physical features or 'pointers' found which may make the particular explanation for the injury advanced by the complainant more or less likely."
Lord Justice Keene:
Lord Justice Maurice Kay:
Order: Application refused