CAT/C/53/D/492/2012 8.5 Referring to its recent jurisprudence,17 the Committee recalls that there are reports that psychological and physical torture are used to solicit confessions in Iran, indicating the widespread and systematic use of such practices,18 and ongoing reports of incidents of detention and torture of political opponents.19 The Committee also notes the recent escalating trend of arrest and sentencing of individuals who exercise their rights to freedom of expression and opinion, peaceful assembly and association.20 The Committee considers that all the more alarming in the light of the fact that the Islamic Republic of Iran frequently administers the death penalty and applies it without due process and in cases involving some crimes that do not meet international standards for the most serious offences.21 The State party itself has recognized the existence of that situation in the Islamic Republic of Iran. 8.6 The Committee notes that the complainant has been an active member of the Swiss branch of KDPI and president of the regional executive committee for several cantons, has participated in various demonstrations and published articles on the Internet. The State party has not contested that information. The Committee notes the State party’s observation that the Iranian authorities target high-profile individuals that could represent a specific danger to the Iranian regime; that the complainant does not represent such a danger; that the activities he alleged to have participated in are typical activities for many exiled Iranians; and that the State party would not identify the complainant as potentially dangerous to the Iranian regime. However, the Committee observes that recent reports indicate that low-level opposition is also closely monitored in the Islamic Republic of Iran.22 The Committee also notes the persistent reports of continued persecution of ethnic political activists, including recent executions of Kurdish individuals whose conviction processes did not meet fair trial standards.23 8.7 The Committee notes the complainant’s claim that his conversion to Christianity would expose him to a danger of being persecuted, even sentenced to death, for converting or proselytizing. It also notes the State party’s argument that conversion to Christianity abroad would not expose the complainant to a risk of persecution in the Islamic Republic of Iran unless he had practised Christianity actively and visibly. The Committee observes that recent reports indicate that Christians, in particular Protestants and Christians who have converted from Islam, face persecution in the Islamic Republic of Iran, that several hundred 17 18 19 20 21 22 23 See communications No. 481/2011, K.N., F.W. and S.N. v. Switzerland, decision adopted on 19 May 2014; No. 357/2008, Jahani v. Switzerland, decision adopted on 23 May 2011; and No. 381/2009, Faragollah et al. v. Switzerland, decision adopted on 21 November 2011. Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran (A/69/356), para. 16. Reports of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran (A/HRC/25/61), paras. 23–29; and A/68/503, paras. 1, 6, 8 and 30. Statement of the Chair-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the independence of judges and lawyers, and the Special Rapporteur on the situation of human rights defenders (8 August 2014). Available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14926&LangID=E#sthash.kyvB UBmn.dpuf. See A/HRC/25/61, paras. 5 and 84. See also communication No. 481/2011 (see note 17 above), para. 7.6. See A/HRC/25/61, paras. 88–90 and A/68/503, paras. 6–15 and 88–90. See A/HRC/25/61, paras. 82–83. 9

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