Advance unedited version CCPR/C/133/D/2623/2015
for providing substantial grounds to establish that a real risk of irreparable harm exists. 17 All
relevant facts and circumstances must be considered, including the general human rights
situation in the author’s country of origin.18 The Committee recalls that it is generally for the
organs of States parties to examine the facts and evidence of the case in question in order to
determine whether such a risk exists, 19 unless it can be established that the assessment was
clearly arbitrary or amounted to a manifest error or denial of justice. 20
7.3
The Committee notes the author’s claims that his conversion to Christianity would put
him at risk of being executed in Iran and of being subjected to torture or other cruel, inhuman
or degrading treatment or punishment in detention. It notes the author’s claims that his
brother was executed as an opponent of the Iranian regime in 2006, and that he himself was
detained and questioned as to whether he had converted to Christianity when he visited Iran
in 2012. It also notes his claims that, as he does not have a valid Iranian passport or exit visa,
he would be subjected to detention and questioning upon return.
7.4
The Committee notes the State party’s argument that the fact that the author was able
to travel to and depart from Iran in 2012 indicates that the Iranian authorities had little interest
in him. It notes that the State party authorities found that the author had converted to
Christianity, but noted that as the author would not be public about his conversion, he would
not face risk upon return. The Committee notes the author’s argument that a letter from his
pastor supports his claim that he is a witnessing and evangelizing member of his congregation
and that his name and conversion to Christianity has been made public on the internet by
church activists who were trying to prevent his deportation. It notes his claim that he is a
member of a congregation that is expected to proselytize and his argument that he should not
be required to practice his faith in secret, in fear, and without a church or fellowship with
others.
7.5
Concerning the author’s claims that he would be at risk of persecution if returned to
Iran on the basis of his conversion, the Committee recalls its jurisprudence that the test is
whether there are substantial grounds for believing that such a conversion may have serious
adverse consequences in the country of origin such as to create a real and personal risk of
irreparable harm as that contemplated by articles 6 and 7 of the Covenant. Therefore, the
authorities should proceed to assess whether, in the circumstances of the case, the behaviour
and activities of the asylum seeker in connection with his or her conversion or convictions,
could have serious adverse consequences in the country of origin so as to put him or her at
risk of irreparable harm. 21
7.6
In the present case, the Committee observes that it is not contested that the author’s
conversion was considered to be genuine by the State party authorities. The Committee
however notes that in assessing the author’s PRRA application the domestic authorities found,
based on country reports, that the author did not have such a profile that would indicate that
he would be of interest to the Iranian authorities. The Committee further notes the
information that the author travelled to and from Iran in 2012, and that , while claiming to be
lacking a valid Iranian passport and exit visa, he has provided no information on how he
entered and departed from Iran during the visit with his mother in 2012. The Committee
further notes that, while the author disagrees with the findings of the State party authorities
as to the risk of harm he claims he would face in Iran because of his conversion, he has failed
to provide any pertinent information to the Committee to justify his claim that his alleged
conversion would be known to the Iranian authorities, that he would practise Christianity in
Iran that would draw the attention of the authorities, or that he has been targeted by the Iranian
authorities on the basis of his conversion.
17
18
19
20
21
X v. Denmark, para. 9.2; X v. Sweden, para. 5.18; Q.A. v Sweden, para. 9.3; A.E. v Sweden, para 9.3.
Ibid. See also X v. Denmark, para. 9.2; Q.A. v Sweden, para. 9.3 A.E. v Sweden, para 9.3.
Pillai et al. v. Canada (CCPR/C/101/D/1763/2008), para. 11.4.
For example, K v. Denmark, para. 7.4; Y.A.A. and F.H.M. v. Denmark (CCPR/C/119/D/2681/2015)
para. 7.3; and Rezaifar v. Denmark (CCPR/C/119/D/2512/2014), para. 9.3; Q.A. v Sweden, para. 9.3
A.E. v Sweden, para 9.3.
S.A.H. v. Denmark (CCPR/C/121/D/2419/2014), para. 11.8. Q.A. v Sweden,
(CCPR/C/127/D/3070/2017), para. 9.5, J.I. v Sweden (CCPR/C/128/D/3032/2017), para 7.5. See also
European Court of Human Rights, F.G. v. Sweden, para. 156.
9