CAT/C/60/D/662/2015
returned to his country. In the course of the consideration of his first application for asylum,
the complainant stated that he had had problems with the Iranian authorities before his
departure for India in 1992. In his communication, he does not maintain these claims,
which were found to lack credibility by the Federal Office for Migration and the Federal
Administrative Court16 following a thorough examination of the case. What is more, the
complainant has never said that he was tortured by the Iranian authorities.
4.6
According to the State party, another element that should be taken into account
when evaluating the complainant’s risk of being subjected to torture if he were to return to
his country is his involvement in political activities in his country of origin or elsewhere.
The State party recalls that the complainant has not claimed, either to the Swiss authorities
or the Committee, to have been politically active in the Islamic Republic of Iran. The State
party contends that the instant case differs from several other recent cases in this respect: X
had had problems in the Islamic Republic of Iran because of political activism; 17 Mr. Azizi
had had to flee to Iraq because of his political activities; 18 and X and Z belonged to a family
of political militants. 19 The State party also contends that, during the time that the
complainant was in India, between 1992 and 2001, he did not engage in political activities
in exile. Nor did he mention any such activities in Switzerland during the processing of his
first application for asylum in 2008 or in the course of his applications for reconsideration
in 2009 and 2010. It was not until he had filed his second application for asylum in 2013
that the complainant claimed to have engaged in political activities in Switzerland that
would put him at risk of prosecution if he were to return to the Islamic Republic of Iran.
The complainant’s statements to the Committee concerning his political activities in
Switzerland are very vague, and the letters confirming those statements do not provide any
information that would help to substantiate his involvement.
4.7
The State party points out that the cases that have come before the Federal
Administrative Court indicate that the Iranian secret service may keep track of opposition
political activities abroad, but that the authorities focus their attention primarily on persons
having a particular profile, whose actions fall outside the scope of the usual types of mass
protests and who occupy positions or carry out activities that represent a serious and real
threat to the Iranian regime. The Court is also of the view that occupying positions in
opposition organizations or involvement in influential actions are what put a person at risk,
not membership or involvement in typical political activities, such as participation in
demonstrations, staffing a stand or distributing political material. 20 In view of the numerous
political activities of Iranians in exile, the Court notes that, to its knowledge, the Iranian
authorities are interested in persons only when they are true opponents who engage in
political activities that are of such a nature as to represent a threat to the political system.
They do not take any great interest in people whose activities are clearly being undertaken
primarily as a means of obtaining a residence permit by advancing personal grounds for
seeking asylum. The Court notes that the Iranian authorities are aware of the fact that many
asylum seekers become involved in political activity in exile only once their application for
asylum has been denied, which casts a great deal of doubt on the authenticity of their
involvement. Those authorities are quite capable of distinguishing political activities that
reflect a serious personal conviction and have a significant potential for fuelling unrest from
activities that people engage in primarily for the purpose of obtaining a residence permit.
4.8
The State party maintains that, during the complainant’s asylum hearing, he said that
he had joined other groups that he had learned about in Lucerne, uploaded news and videos
on the Internet and sent messages to compatriots in the Islamic Republic of Iran via
Facebook and Twitter. He has stated that he does not belong to a political party. He had
contacts with several different Iranian political groups in Switzerland and took part in two
16
17
18
19
20
GE.17-12101
Judgment of the Federal Administrative Court of 16 December 2008, consid. 4.1, annex 4.
See X v. Switzerland, para. 7.6.
See Azizi v. Switzerland, para. 2.1.
See X and Z v. Finland, communications Nos. 483/2011 and 485/2011, decision adopted on 12 May
2014.
See, for example, the judgment of the Federal Administrative Court of 21 January 2008 (D4902/2007). In an authoritative decision handed down on 9 July 2009 (D-3357/2006, consid. 7.4.3),
the Court provided clarification on this point.
5