telephone and counsel has not heard from him
since. In addition, he states that Mr. Dadar is
persona non grata in Iran. He cannot work or travel
and is unable to obtain the medical treatment he
had received in Canada to treat his condition.
On 29 June 2006, counsel informed the Committee
that subsequent to his initial detention, the
complainant resided under house arrest living with
his aged mother. On several occasions the Iranian
authorities asked him to re-attend for further
questioning. The questioning pertained, inter alia,
to the complainant’s political activities while in
Canada. The complainant had expressed
dissatisfaction with his apparent status in Iran as a
persona non grata and said that he lacked status to
obtain employment or travel. He was also unable to
obtain the medication he received in Canada to treat
his medical condition. Moreover, the Iranian
authorities had delivered a copy of the Committee’s
decision to his home and requested his attendance
for questioning.
On 1 June 2007, counsel informed the Committee
that but for the intervention of the complainant’s
brother prior to his arrival in Tehran and during the
period of his detention immediately following his
arrival, with a high ranking member of the Iranian
Intelligence Service, the complainant would have
been tortured and possibly executed. He requests
that the case not be removed from the Committee’s
follow-up procedure.
Action taken
See the Committee’s annual report (A/61/44) for an
account of the contents of notes verbales sent from
the Special Rapporteur to the State party.
Committee’s decision
During the consideration of the follow-up at its
thirty-sixth session, the Committee deplored the
State party’s failure to abide by its obligations
under article 3, and found that the State party
violated its obligations under article 3 not to,
“expel, return (refouler) or extradite a person to
another State where there are substantial grounds
for believing that he would be in danger of being
subjected to torture”. The dialogue is ongoing.
148
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