CAT/C/60/D/662/2015
professional activities. After running into trouble with the Iranian regime, Energy Venture
had to discontinue its operations.
5.2
The complainant recalls that the Swiss authorities have said that his statements about
the Iranian authorities’ suspicions of espionage and their arrests and interrogations of the
complainant are not credible. However, the Swiss authorities have not contested the fact
that he worked for an oil company that had to discontinue its operations, nor the fact that
his father worked for the previous regime. 30 He explains that his claims concerning the
suspicion of espionage and his arrests and interrogations were not reproduced in the
communication submitted to the Committee because he was unable to provide any new
evidence on those points. Moreover, those events occurred 23 years ago, and the Federal
Administrative Court handed down a final decision on the matter over six years ago. As a
result, the amount of time that has passed since domestic remedies were exhausted was
unreasonably prolonged, so much so that the consideration of his complaint by the
Committee would have been extraordinarily difficult. The complainant states that the fact
that his father worked for the previous regime and is still banned from leaving the country
shows that he belongs to a family that the Iranian Government considers to be part of the
opposition.31
5.3
The complainant contends that the State party’s objections regarding his political
activities in Switzerland and his conversion are unfounded. In the first place, the
complainant had no reason to apply for asylum before 2007. He fled the Islamic Republic
of Iran immediately after he had problems with the secret police in 1991. Since he found
employment in India, he had no need to apply for asylum there. Then, he met his former
partner, who was Swiss, and obtained a residence permit in Switzerland. It is entirely
understandable that the complainant preferred to take the direct route of obtaining a
residence permit that would allow him to reside and work in Switzerland rather than
embark on an asylum application procedure during which he would have been placed in a
refugee reception centre and would not have been able to work for some time. The
complainant emphasizes that, after he fled in 1991, he never returned to the Islamic
Republic of Iran, even during the time, between 2002 and 2006, when he had a Swiss
residence permit. The question of his returning to the Islamic Republic of Iran arose when
his residence permit was not renewed in 2006. The complainant filed an application for
asylum at that time, when the fear of having to return to the Islamic Republic of Iran and be
exposed to persecution devastated him, so much so that he was hospitalized in a psychiatric
clinic for two months.
5.4
The complainant reaffirms that, at his first hearing, on 24 September 2007, he stated
that he had a well-founded fear of being persecuted in the Islamic Republic of Iran for
political and religious reasons. When asked why he had fled his country, the complainant
first replied that he had left because of political problems 32 and then mentioned his
conversion to Christianity. It was only near the end of the hearing, when he was asked if he
had other reasons for not wanting to return to the Islamic Republic of Iran, that he
mentioned that he would like to be near his children in Ticino. This should make it clear to
the Swiss authorities that there are other reasons that should preclude expulsion from
Switzerland, such as a person’s state of health or the fact that a person’s family or social
network is in Switzerland.
5.5
The complainant asserts that he did not become politically active suddenly or for no
reason; rather, it was because he himself is affected by a grave human rights violation
committed by the Iranian regime — the violation of freedom of religion. His political
activities should therefore be considered in the light of his conversion to Christianity. In the
course of his participation in demonstrations and in posts on his website, the complainant
has placed emphasis on denouncing the absence of freedoms (freedom of expression,
freedom of religion) in the Islamic Republic of Iran. As to the question of the authenticity
of his conversion, he points out that he converted to Christianity while in India, long before
30
31
32
8
Decision of the Federal Office for Migration of 10 July 2008; judgment of the Federal Administrative
Court of 16 December 2008, consid. 4.1.
Thus, contrary to the opinion of the State party, this case is comparable to X and Z v. Finland.
“Ho lasciato il mio Paese per problemi politici”, transcript of the hearing of 24 September 2007.
GE.17-12101