CAT/C/53/D/489/2012
5.2
He further submits that he mentioned the beating incident only during the first
asylum procedure since the subsequent asylum procedures related to the new facts only.
Despite the fact that did not mention the beating in his complaint to the Committee, the
incident must be considered one of the factors that contributed to the political sensitization
of the Iranian authorities towards him. It was also one of the factors that contributed to
forming his political opinions.
5.3
The complainant maintains that he was not politically active in Iran owing to the
intense surveillance of political activity by the authorities and the concomitant severe
repression. The fact that he was not politically active in Iran does not therefore give any
indication as to the extent of his political opinions critical of the Iranian regime and his
political activities in exile. With respect to his involvement with ADR, he submits that
government and other reports indicate that even low-level political activity against the
regime may lead to a real and personal risk of persecution. He also submits that, given the
strong internet presence of ADR, it cannot be assumed that the organization is not known
outside of Switzerland.
5.4
The complainant reiterates that he had had extra-marital relations with the wife of a
mullah and that that increased the risk of his being persecuted in Iran. The fact that the
Swiss authorities did not consider that to be credible did not reduce the current risk of
persecution.
5.5
He also contests the State party’s contention that his tasks in ADR are merely
administrative. He maintains that he takes part in meetings of the Executive Committee, is
responsible for the recruitment of new members in his canton and regularly visits asylum
centres. He maintains that he joined the ADR shortly after its foundation and has been a
very active member over the last six years. He further refutes the State party’s observation
that ADR is a diffuse movement and that most of its members hold high positions. He
maintains that, beside the Executive Committee and the heads of the canton branches, there
are only a few other important roles. Many of those positions have been held for years by
people who already have refugee status but nevertheless continue to campaign and
demonstrate.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a complaint, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the
Convention, that the same matter has not been, and is not being, examined under another
procedure of international investigation or settlement.
6.2
The Committee, finding no other reason to consider the communication
inadmissible, thus proceeds to its consideration on the merits of the claims submitted by the
complainant under article 3 of the Convention.
Consideration of the merits
7.1
The Committee has considered the complaint in the light of all the information made
available to it by the parties, in accordance with article 22, paragraph 4, of the Convention.
anyone who demonstrates or in any way opposes the current regime may be at risk of being detained
or ill-treated or tortured.” (para. 63).
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