CAT/C/63/D/750/2016
complainant could well have attracted the attention of the Iranian authorities. The
Committee considers that the complainant’s books critical of the current regime and of
Islam in general compound the risk that he will be detained if he is returned to his country
of origin. In the light of those considerations, taken as a whole, the Committee is of the
view that, in the particular circumstances of the present case, there are substantial grounds
for believing that the complainant would risk being subjected to torture if he were returned
to the Islamic Republic of Iran. Moreover, the Committee notes that, since the Islamic
Republic of Iran is not a party to the Convention, in the event of a violation of the
complainant’s Convention rights in that State, he would be deprived of the legal option of
recourse to the Committee for protection of any kind.
9.
The Committee against Torture, acting under article 22 (7) of the Convention,
concludes that the deportation of the complainant to the Islamic Republic of Iran would
constitute a violation of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
10.
The Committee is of the view that the State party has an obligation to refrain from
forcibly returning the complainant to the Islamic Republic of Iran or to any other country
where he runs a real risk of being expelled or returned to the Islamic Republic of Iran.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee invites the State
party to inform it, within 90 days from the date of the transmittal of this decision, of the
steps taken in response to the present decision.
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