CAT/C/52/D/483/2011-CAT/C/52/D/485/2011
The facts as presented by the complainants
2.1
The complainants are brothers and are both Iranian nationals from Mahabad,
belonging to the Kurdish minority. They both claim to have been politically active in the
Islamic Republic of Iran, Iraq and Finland. They come from a politically active and highprofile family; their father and uncles have been members of the Komala party and have
been persecuted because of their political opinions and activities. One uncle has been a
peshmerga (armed Kurdish fighter) and another uncle has been a member of the Central
Committee of the Komala party. Their father and one of their uncles are now Finnish
citizens and have received residence permits in Finland because they needed international
protection.
2.2
The complainants submit that, in 1999, when they were adolescents, they had to flee
from the Islamic Republic of Iran with their family. The family sought asylum in Turkey. In
2003, their father travelled to Finland and received protection status there. The authors of
both complaints and the rest of their family were returned to the Islamic Republic of Iran in
2004. Upon return, they were questioned by the Iranian authorities about the father’s
whereabouts and about their asylum application in Turkey. They were imprisoned for one
month and had to pay fines because they had left the Islamic Republic of Iran illegally
without obtaining prior authorization from the authorities.
2.3
The complainants claim that after their release they started their political activities in
the Islamic Republic of Iran, also joining the illegal Komala party. Their tasks within the
party consisted of distributing the party’s leaflets and other materials.
2.4
On 23 June 2007, the complainants were arrested by the Ettela’at intelligence forces
in the city of Mahabad. They were blindfolded and taken to a detention centre. They were
kept there for about two months and were continuously interrogated about their father’s and
their relatives’ political activities. The complainants were forced to confess that they
belonged to the Komala party, provide information about the party’s activities and reveal
the names of other members. Between interrogations, they were both kept in solitary
confinement for prolonged periods.
Alleged mistreatment of Mr. X
2.5
During his detention, Mr. X was constantly subjected to torture and was physically
and verbally abused. His clothes were removed and he had cold water thrown on him. He
was also burned with a hot implement to the point that he lost consciousness. The
complainant was also suspended both from his hands and legs. The officers mistreated and
tortured him, especially on the left part of his body, saying that, as he was a communist, he
had to lose the left side of his body.
Alleged mistreatment of Mr. Z
2.6
During his detention, Mr. Z was beaten extensively on his head. He was also
threatened with rape and death. At one point, he was tied to a stick, his legs were raised
higher than the rest of his body, and he had water poured into his nose. The fingers of his
left hand were injured and he was taken to hospital for surgery before being returned to the
detention centre.
2.7
Both complainants further submit that, during their detention, they appeared three
times before a court.1 They were both charged and prosecuted for their membership and
activities in the Komala party, for being communists and opponents of Islam, and for being
so-called mohareb (enemies of God). After their third court appearance, they were taken to
Mahabad prison, where they were detained for about a week. Thereafter they were released
1
It is not clear from the submissions to which court the complainants are referring.
3