CAT/C/60/D/662/2015
individual has exhausted all available domestic remedies. The Committee notes that, in the
present case, the State party concedes that the complainant has exhausted all available
domestic remedies.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
made available to it by the parties concerned, in accordance with article 22 (4) of the
Convention.
7.2
The issue before the Committee is whether the return of the complainant to the
Islamic Republic of Iran would constitute a violation of the State party’s obligation under
article 3 (1) of the Convention not to expel or return (“refouler”) a person to another State
where there are substantial grounds for believing that he or she would risk being subjected
to torture.
7.3
The Committee must evaluate whether there are substantial grounds for believing
that the complainant would be personally in danger of being subjected to torture upon his
return to the Islamic Republic of Iran. In assessing that risk, the Committee must take into
account all relevant considerations, pursuant to article 3 (2) of the Convention, including
the existence of a consistent pattern of gross, flagrant or mass violations of human rights.
The Committee recalls that the aim of that determination is to establish whether the
individual concerned would personally be at a foreseeable and real risk of being tortured in
the country to which he or she would return. It follows that the existence of a consistent
pattern of gross, flagrant or mass violations of human rights in a country does not as such
constitute a sufficient ground for determining that a particular person would be in danger of
being subjected to torture upon his or her return to that country. Additional grounds must be
adduced to show that the individual concerned would personally be at risk. Conversely, the
absence of a consistent pattern of flagrant violations of human rights does not mean that a
person might not be subjected to torture given his or her specific circumstances. 34
7.4
The Committee recalls its general comment No. 1, wherein it states that the
existence of a risk of torture must be assessed on grounds that go beyond mere theory or
suspicion. Although the risk does not have to be shown to be highly probable, 35 the
Committee recalls that the burden of proof normally falls on the complainant, who must
present an arguable case establishing that he or she runs a foreseeable, real and personal
risk.36 The Committee further recalls that, in accordance with its general comment No. 1, it
gives considerable weight to findings of fact that are made by the organs of the State party
concerned, but, at the same time, it is not bound by such findings, and instead has the power,
under article 22 (4) of the Convention, of free assessment of the facts based on the full set
of circumstances in each case.37
7.5
The complainant claims that, in the Islamic Republic of Iran, he could be persecuted
or subjected to torture because of his conversion to Christianity and his political activities
in Switzerland. He was not politically active in his home country, but nonetheless contends
that political considerations were one of the reasons why he left the Islamic Republic of
Iran (his father worked for the Shah’s regime and is not allowed to leave Iranian territory,
and, after the revolution, his family home was confiscated by the secret police). He adds
that even people who are no more than sympathizers of the opposition are likely to be
arrested arbitrarily and mistreated in prison. The Committee notes that the complainant
claims to have had trouble with the secret police in 1991, before leaving the Islamic
34
35
36
37
10
See, for example, communication No. 490/2012, E.K.W. v. Finland, decision adopted on 4 May 2015,
para. 9.3.
General comment No. 1, para. 6.
Ibid. See also communications Nos. 203/2002, A.R. v. Netherlands, decision adopted on 14 November
2003, para. 7.3; 343/2008, Kalonzo v. Canada, decision adopted on 18 May 2012, para. 9.3; 458/2011,
X v. Denmark, decision adopted on 28 November 2014, para. 9.3; and 520/2012, W.G.D. v. Canada,
decision adopted on 26 November 2014, para. 8.4.
See general comment No. 1, para. 9; and communications Nos. 375/2009, T.D. v. Switzerland,
decision adopted on 26 May 2011, para. 8.7; and 466/2011, Alp v. Denmark, decision adopted on 14
May 2014, para. 8.3.
GE.17-12101