CAT/C/52/D/483/2011-CAT/C/52/D/485/2011
Complainants’ comments on the State party’s observations
5.1
On 21 August 2012, in their comments on the State party’s observations, the
complainants submitted that there are no contradictions between the statements from the
medical doctors and those of the complainants themselves. They also claim that they both
made every effort to provide and clarify all the necessary evidence to corroborate their
accounts.
5.2
The complainants agree that they cannot be regarded as high-profile members of the
Komala party. However, they refer to the “Operational guidance note – Iran” published by
the United Kingdom Home Office, which states that “applicants who are able to
demonstrate that they are members or supporters of … Komala … and who are known to
the authorities as such, will be at real risk of persecution”.13
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering a claim contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that
the same matter has not been and is not being examined under another procedure of
international investigation or settlement.
6.2
The Committee recalls that, in accordance with article 22, paragraph 5 (b), of the
Convention, it shall not consider any communication from an individual unless it has
ascertained that the individual has exhausted all available domestic remedies. The
Committee notes that in the present case, the State party has recognized that the
complainants have exhausted all available domestic remedies. Accordingly, the Committee
finds no further obstacles to admissibility, it declares the communication admissible and
proceeds with its examination on the merits.
Consideration of the merits
7.1
In accordance with article 22, paragraph 4, of the Convention, the Committee has
considered the present communication in the light of all the information made available to
it by the parties concerned.
7.2
The issue before the Committee is whether the removal of the complainants to the
Islamic Republic of Iran would violate the State party’s obligation under article 3 of the
Convention not to expel or return (refouler) a person to another State where there are
substantial grounds for believing that he or she would be in danger of being subjected to
torture. The Committee must evaluate whether there are substantial grounds for believing
that the complainants would be personally in danger of being subjected to torture upon
return to the Islamic Republic of Iran. In assessing that risk, the Committee must take into
account all relevant considerations, pursuant to article 3, paragraph 2, of the Convention,
including the existence of a consistent pattern of gross, flagrant or mass violations of
human rights. However, the existence of a pattern of gross, flagrant or mass violations of
human rights in a country does not of itself constitute sufficient reason for determining that
a particular person would be in danger of being subjected to torture on return to that
country. The aim of such a determination is to establish whether the individual concerned
would be personally at a foreseeable and real risk of being subjected to torture in the
country to which he or she would return.
13
See note 6 above.
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