CAT/C/65/D/822/2017
(para. 7.6). The Committee also expressed concern about the frequent use of detention and
torture of political opponents in the Islamic Republic of Iran (para. 7.5).
3.3
The complainant contests the findings of the Federal Administrative Court that his
political activities in Switzerland are not indicative of a high political profile. He invokes
decisions in other cases, where the Court ruled that members of the Democratic Association
for Refugees in high positions had a level of exposure sufficient to put them at risk of
persecution in case of forced return to the Islamic Republic of Iran, 7 or that Iranian
claimants who were politically active in exile and took part in demonstrations would most
likely be subjected to persecution due to their political activity if sent back to the Islamic
Republic of Iran. 8 In those cases, the Court inferred from the facts known to the Swiss
asylum authorities that the Iranian authorities systematically monitored activities and
protests by its citizens abroad, collected those data and took rigorous action against
deviants. The complainant submits that even if he does not formally have the title of a
leading position, his activities speak for themselves. He occupies an important position in
the association and is essential to the activities pertaining to it. His work as an anchor does
not represent a simple transmission of political news, but is a personal statement regarding
the situation in the Islamic Republic of Iran. He will not be perceived as a “messenger” by
the Iranian authorities, but as an activist who shows an earnest commitment to the cause
and, as such, as a risk to the regime. His involvement in political activities shows a political
profile similar to that of other activists who are or were members of the Democratic
Association for Refugees and were granted asylum. The complainant does not only occupy
an administrative position or participate passively in demonstrations, 9 but rather acts at the
forefront of activities concerning the association as well as outside the association. He is
responsible for two websites, on which his name and telephone number and a photograph of
him are made public so that anybody can contact him or send comments.
3.4
The Swiss authorities have ignored the fact that reliable reports confirm that the
Iranian authorities thoroughly observe and record the political activities of the Iranian
diaspora. 10 A report by the Danish Immigration Service reveals evidence that asylum
seekers and refugees are kept under strict surveillance by Iranian embassies and their
networks of informers. 11 A detailed report by the Swiss Refugee Council confirms that
Iranian citizens living in Switzerland who hold a high position in the Democratic
Association for Refugees face a real risk of persecution in case of expulsion to the Islamic
Republic of Iran.12
3.5
It is therefore extremely likely that he has attracted the attention of the Iranian
authorities, which will perceive his political activities not only as a defamation of the
regime – which in itself constitutes a crime in the Islamic Republic of Iran – but also as an
external threat to the internal security of the country. Taking into account the deplorable
human rights situation in the country and the notorious repression by the current regime of
any kind of opposition, the complainant has a well-founded fear that he would be subjected
to torture if he were sent back to the Islamic Republic of Iran.
7
8
9
10
11
12
4
Federal Administrative Court, A. et al. v. Federal Migration Office, Decision No. D-6849/2006, 26
August 2008.
Federal Administrative Court, A. v. Federal Migration Office, Decision No. E-7110/2006, 25 July
2007; confirmed by Federal Administrative Court, A. v. Federal Migration Office, Decision No. E2077/2012, 28 January 2014.
He refers to Jahani v. Switzerland (CAT/C/46/D/357/2008).
He cites the 2015 report of the Federal Ministry of the Interior, Building and Community (available at
www.verfassungsschutz.de/de/oeffentlichkeitsarbeit/publikationen/verfassungsschutzberichte).
Denmark, Danish Immigration Service, Human Rights Situation for Minorities, Women and Converts,
and Entry and Exit Procedures, ID Cards, Summons and Reporting, etc.: Fact Finding Mission to the
Islamic Republic of Iran 24th August–2nd September 2008 (Copenhagen, April 2009), p. 34; and
Immigration and Refugee Board of Canada, “Iran: treatment of anti-Government activists by
authorities, including those returning to Iran from abroad; overseas monitoring capabilities of the
Government (2012–2013)”, 20 January 2014.
Swiss Refugee Council, “Iran: dangers encourus par les activistes et membres des organisations
politiques en exil de retour dans leur pays – moyens d’accès à l’information des autorités iraniennes”,
4 April 2006.