CAT/C/53/D/492/2012 5.4 The complainant rejects the State party’s submission that his accounts were not credible. He mentioned his political activity for the PDKI in his first request for asylum. His first request was denied and he filed a new request based on his political activity in Switzerland. Owing to the strict procedural rules on asylum, facts considered in the previous asylum request cannot be assessed in the second asylum request. Therefore, the second asylum request did not contain further facts regarding his political activity in the Islamic Republic of Iran. He stands by the statements he made regarding his political activity in the Islamic Republic of Iran and in Iraq, which add to the danger of a real and personal risk of his being subjected to treatment contrary to the Convention. 5.5 The complainant contests the State party’s statement that the Iranian regime focuses only on opponents who have a particular profile. He asserts that that there is strong evidence suggesting that the human rights situation in the Islamic Republic of Iran is deteriorating and that even low-profile and opportunistic protestors are persecuted. The complainant also asserts that he is an active and visible member of the Swiss branch of the PDKI. He also maintains that a simple Google search and cross-referencing of websites and photographs could quickly reveal a list of political activists in Switzerland. He rejects the State party’s assertion that his political activity is aimed primarily at attaining the right to stay in Switzerland; that assertion is unfounded. 5.6 Regarding his conversion to Christianity, the complainant maintains that many sources confirm that there is a danger of being persecuted, even sentenced to death, for converting or proselytizing. Rejected asylum seekers are thoroughly questioned upon entering the Islamic Republic of Iran. It is therefore likely that the authorities would find out about the complainant’s conversion. It is also unacceptable to expect that the complainant should refrain from practising his religion in a visible manner. Even if he were to try to conceal his conversion, it is inevitable that in time, his new faith would be discovered. 5.7 With respect to the State party’s statement that he did not mention his stays in Greece and Germany, the complainant clarifies that he had not made reference to them because of the significant human rights violations that take place in Greece regarding asylum seekers. In a letter to the Federal Office for Migration dated 11 November 2009, he explained those circumstances in detail. Complainant’s further submission 6. In a further submission of 7 November 2013, the complainant provided additional evidence concerning his political12 and religious13 activity in Switzerland. He maintains that the additional evidence further corroborates the fact that he would face a risk of torture if returned to the Islamic Republic of Iran. Issues and proceedings before the Committee Consideration of admissibility 7.1 Before considering any claim contained in a communication, the Committee against Torture must decide whether it is admissible under article 22 of the Convention. The 12 13 The political activities mentioned by the complainant include participation in a United Nations conference concerning human rights (Geneva, 12 March 2013); ceremonies commemorating the death of Dr. Abdul Rahman Qassemblu, a former leader of the KDPI (Paris, 13 July 2013 and Biel, 14 July 2012); publications in newspapers; and participation in a television debate. The religious activities mentioned by the complainant include volunteering at a Christian drop-in centre for drug addicts and participating in a play performed at the Adventist Church in Schaffhausen. 7

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