CAT/C/60/D/662/2015
his arrival in Switzerland and the denial of his application for asylum. Before that, he
attended Sunday school in the Islamic Republic of Iran, since, even as a child, he was
drawn to Christianity. At his hearings, he explained that he converted because he believes
in the New Testament and in a merciful God who is forgiving. Moreover, he practises his
religion by talking to other people rather than spending any great deal of time reading the
Bible at home. During the hearings, he was very nervous, and understandably so, given
what was at stake and the fact that the Swiss authorities subjected him to what amounted to
a religious examination. His contact with the Christian religion has taken place in English,
Italian and German, which is why he is not familiar with some religious expressions in
Persian. In addition, few Christians in Switzerland are able to describe the structure of the
Bible, list the Ten Commandments or name the four Evangelists, even if they attend church
regularly. Above all, the Iranian authorities would focus on the fact that the complainant
was baptized in India, that he lived with a Christian woman (who, according to the Iranian
authorities, should have converted in order to marry a Muslim), that he has three daughters
who are being raised as Christians, that he champions his religion on his website and that he
shares his faith with other people. They would regard these facts as proof of his conversion
rather than caring whether or not he can quote the Bible.
5.6
Finally, when the complainant applied for a passport at the Iranian embassy in
Switzerland, he already had a residence permit, since he lived with a Swiss woman and his
Swiss children. It is easy for an Iranian who has a residence permit to obtain a passport
because the embassy does not ask any questions about a person’s political views or religion.
The embassy questions people closely and examines their file in detail only if the person
does not have any permit at all, has the type of permit issued to asylum seekers or has a
temporary entry visa.
5.7
The complainant states that, contrary to what the State party believes, it is highly
probable that his activities on his website have been noticed by the Iranian authorities, even
though he does not hold a senior position in a political party. In that connection, he refers to
a news story concerning the fact that the Iranian Government has set up a police unit that
specializes in Internet surveillance. In its observations, the State party failed to mention the
complainant’s website, where he has posted his own curriculum vitae and where he
regularly comments on the problems faced by Christians and converts in the Islamic
Republic of Iran.
5.8 The complainant’s political activities should be viewed in the light of his conversion.
It is highly probable that the Iranian authorities have found his website using a simple
keyword search and have become aware of his religious and political affiliations. Because
of his decades-long absence from the Islamic Republic of Iran, his political activities, his
conversion to Christianity, the fact that his family is viewed as being part of the opposition
and the fact that he has had three children out of wedlock with a Christian, the Iranian
authorities will certainly arrest him upon his return, interrogate him and place him in
custody. Since, in the Islamic Republic of Iran, the physical and psychological torture of
members of the opposition is systematically used to obtain confessions,33 the complainant
runs a real and personal risk of being subjected to torture.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a complaint, the Committee must decide
whether or not it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
6.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
33
GE.17-12101
See communications Azizi v. Switzerland, para. 8.5; Tahmuresi v. Switzerland, para. 7.5; and X v.
Switzerland, para. 7.5.
9