CAT/C/65/D/822/2017 Complainant’s comments on the State party’s observations 5.1 The complainant submitted his comments on the State party’s observations on 30 January 2018. The State party does not dispute that he was politically active in the Islamic Republic of Iran, but merely submits that his activities did not reach an extent that would trigger the interest of the Iranian authorities for his political views. His political involvement in the Islamic Republic of Iran is therefore not disputed. As to the alleged vagueness and contradictions in his testimony as to the crimes of which he was accused in the Islamic Republic of Iran, the complainant explains that the Iranian authorities themselves were very vague with respect to those crimes. It is more than normal for the Government to accuse citizens of false crimes, purposefully keeping the allegations as vague as possible. 5.2 In analysing his activities, the State party considered each activity individually, thus failing to make an overall assessment of all of his political activities. However, as a whole, his numerous actions do prove that he is politically very active, and thus exposed. His activities and responsibilities within the Democratic Association for Refugees show that he has become an important and decisive member of the organization. He is in charge of the association’s website and writes numerous articles for its Kanoun newspaper, which are very critical of the Government of the Islamic Republic of Iran. 5.3 Contrary to the State party’s allegations, the complainant does, in fact, assume a leading role during demonstrations and events organized by the Democratic Association for Refugees and an alliance of democratic Iranian forces. 16 As a whole, the numerous tasks that he has assumed within the Democratic Association for Refugees – writing articles, administering the website and leading protests – demonstrate that he plays an important role within the association, and that he is a key figure and a very active member of the opposition. The fact that he is a member of the association because of his personal conviction cannot be disputed merely on the basis of the month in which he joined, especially since the process of joining an organization may take several months. 5.4 The complainant states that he hosts the opposition radio programme “Voice of the Resistance” and that his articles written for Kanoun have been broadcast on the programme. He is one of the most frequent hosts of the radio programme. 17 He provides a letter dated 24 March 2015 from the Swiss branch of the Democratic Party of Iranian Kurdistan and another dated 10 March 2015 from the Abroad Committee of the Komala Party of Iranian Kurdistan, which confirm that the complainant is a known civil rights activist. Both letters hold that, due to his political activities, he would face persecution in case of return to the Islamic Republic of Iran. 5.5 The complainant further refers to his public profile on Facebook and his daily posts on the gross human right violations committed by the Iranian regime. Reports indicate that the Government conducts widespread secret observation of individuals perceived as critics of the regime. The Committee itself has acknowledged that Iranian authorities effectively monitor Internet communications and regime critics both within and outside the Islamic Republic of Iran.18 The complainant reiterates that the European Court of Human Rights found in R.C. v. Sweden that it was not only political leaders who faced persecution and arbitrary arrest, but also peaceful participants in demonstrations.19 He further claims that in 2010, the Government set up a cyberpolice unit to scour the web in search of people “spreading lies” and “insults” against the system.20 16 17 18 19 20 He submits videos from a demonstration in Zurich, Switzerland, on 1 May 2017, which shows him as the leader of the protest march, chanting slogans such as “Down with the Iranian Islamic Republic”, which others repeat; from a protest in Geneva on 9 June 2017, where he is the leading figure, as the first speaker and then introducing the other speakers and handing them the microphone; and from a protest in Chur, Switzerland, on 9 December 2017, where he gives a speech in German and in Farsi, at the end of which he calls for the dissolution of the Iranian State. He participated in further protests, on 19 May 2017, 16 September 2017 and 19 November 2017. He encloses a schedule of the radio programme. Tahmuresi v. Switzerland, para. 7.6. European Court of Human Rights, R.C. v. Sweden, para. 54. Amnesty International, “Iranian ‘web crime’ unit designed to silence dissent”, 16 November 2009. 7