CAT/C/60/D/662/2015
obey it in daily life (see the reference to legal proceedings and criminal convictions for
numerous thefts in the cantons of Ticino and Lucerne in the interim decision of the Federal
Administrative Court of 22 August 2011, annex 11). What is more, the complainant was
said to have gone to a Baptist church only at Christmas in Ticino.
4.13 According to the State party, as noted by the Federal Administrative Court, the
complainant’s lack of knowledge about Christianity and his behaviour are surprising in a
convert, especially if he claims to have attended Sunday school (as a child) and, later,
religious services regularly (particularly in India). These factors not only fail to substantiate
the presence of real religious convictions but also mean that his claim that he would be
regarded as an apostate lacks credibility.27 The State party maintains that, in the course of
the consideration of his second application for asylum, the complainant repeated his
statements regarding his conversion to Christianity but failed to dispel the serious doubts on
the part of the Swiss authorities that had led them to conclude that he had not converted to
Christianity at all. When asked to describe briefly his reasons for converting, he fell back
on clichés. In addition, his claims have been contradictory and, in some cases, illogical. In
his application for asylum of 16 April 2013, he stated that he read the Bible, but, at the
hearing, he said that he was lazy and did not like to read. The complainant said that he was
fond of the Gospel According to John, but, when asked to give reasons for that preference,
he admitted that he did not remember what it says. Furthermore, the complainant did not
know the names of the church pastors (or those of other people who work there). It follows
from the foregoing that the complainant’s claim that he explained the reasons for his
conversion to compatriots has not been substantiated either.
4.14 The State party contends that the complainant’s conduct while in Switzerland has
not been such as to create a real, specific risk of being subjected to torture by the Iranian
authorities. The complainant’s profile as an opponent of the regime is not such as to prompt
the Iranian authorities to consider him a danger, nor have his religious or other activities on
his website been such as to attract the Iranian authorities’ attention. In sum, nothing in his
case file indicates that the Iranian authorities are aware of his activities or have taken any
action against him because of those activities.
4.15 The State party concludes by noting that all the complainant’s arguments concerning
a risk of persecution in the Islamic Republic of Iran and, in particular, his activities in
Switzerland have been thoroughly examined by the Swiss authorities. The complainant’s
communication provides no new information or evidence, nor does the complainant cite
any procedural errors. The State party recalls that it is the Committee’s practice to maintain
that “it is within the purview of the courts of the States parties to the Convention to assess
the facts and evidence in a case”.28 In particular, the Committee “must assess the facts and
evidence in a given case, once it has been ascertained that the manner in which the evidence
was evaluated was clearly arbitrary or amounted to a denial of justice”.29 However, in the
instant case, the submissions of the complainant do not show that the State party’s
consideration of the matter has been flawed by any such irregularities.
Complainant’s comments on the State party’s submissions
5.1
On 4 March 2016, in response to the observations of the State party concerning his
political activities in the Islamic Republic of Iran, the complainant admits that he was not
politically active when he was there. Nonetheless, he affirms that his reasons for leaving the
Islamic Republic of Iran were political. Because his father had worked for the Government
under the Shah, the current Government distrusted his family. In fact, after the revolution,
his family’s home had been confiscated by the secret police. Furthermore, his father is still
banned from leaving the country. In addition, in 1991, the complainant worked for Energy
Venture, a United States/Canadian petroleum company. At the time, he was the only
Iranian working there who spoke English, and this led the Iranian authorities to suspect that
he was a spy. The complainant states that he was arrested and interrogated twice about his
27
28
29
GE.17-12101
Judgment of the Federal Administrative Court of 16 December 2008, consid. 4.1, annex 4.
Communication No. 419/2010, Ktiti v. Morocco, decision adopted on 26 May 2011, para. 8.7.
Communication No. 293/2006, J.A.M.O. v. Switzerland, decision adopted on 9 May 2008, para. 10.5.
7