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.
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