CAT/C/46/D/357/2008 the Committee must take account of all relevant considerations, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights. However, the aim of such an analysis is to determine whether the complainant runs a personal risk of being subjected to torture in the country to which he would be returned. 9.3 The Committee recalls its general comment on the implementation of article 3 of the Convention, that the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. Although the risk does not have to meet the test of being highly probable, the Committee recalls that the burden of proof normally falls to the complainant, who must present an arguable case establishing that he runs a “foreseeable, real and personal” risk.21 Furthermore, in its general comment the Committee states that it must also determine whether the complainant has engaged in political activity within or outside the State concerned which would appear to make him particularly vulnerable to the risk of being placed in danger of torture.22 The Committee also recalls that, while it gives considerable weight to the findings of fact of the State party’s bodies, it is entitled freely to assess the facts of each case, taking into account the circumstances. 9.4 The Committee notes first of all, that the actual human rights situation in the Islamic Republic of Iran is extremely worrisome, particularly after the elections held in the country in June 2009. The Committee has seen many reports describing, in particular, the repression and arbitrary detention of many reformers, students, journalists and human rights defenders, some of whom have been sentenced to death and executed.23 The State party itself has recognized that the human rights situation in the Islamic Republic of Iran is worrisome on many levels. 9.5 The Committee also recalls that although the complainant did not mention the fact before the Committee, it appears that he, a member of the Kurdish minority, was detained in the Islamic Republic of Iran for two weeks in March 2002 for participating in a demonstration in support of the separatist leader Öcalan. Since his arrival in Switzerland, he has been active within the Democratic Association for Refugees, for which he is the cantonal representative for the canton of Schaffhausen. The Committee notes that the complainant has participated in several demonstrations organized by the Democratic Association for Refugees and in radio broadcasts where he has expressed his political opinions against the Iranian regime. The State party has not contested these activities. The Committee also notes that the complainant has written several articles published in Kanoun 21 22 23 10 See general comment No. 1 of the Committee, footnote 8 above, and communication No. 203/2002, A.R. v. The Netherlands, decision adopted on 21 November 2003, para. 7.3. See general comment No. 1, ibid., para. 8 (e). For example, on 7 July 2009, six special procedures mandate holders of the Human Rights Council (arbitrary detention; extrajudicial, summary or arbitrary executions; right to freedom of opinion and expression; torture and other cruel, inhuman or degrading treatment or punishment; situation of human rights defenders; and enforced or involuntary disappearances) expressed their concern regarding the protests linked to the Iranian presidential elections of 2009, following which at least 20 people were killed and hundreds of others seriously injured in clashes with security forces, who allegedly used live ammunition and rubber bullets. The same experts have also expressed their concern about reports of arrests and detention without charge and ill-treatment of detainees. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=8383&LangID=E (accessed on 17 March 2010); see also the documents prepared by OHCHR for the universal periodic review in respect of the Islamic Republic of Iran: A/HRC/WG.6/7/IRN/2 (25 November 2009), e.g. paras. 28, 31 and 56; and A/HRC/WG.6/7/IRN/3 (30 November 2009), paras. 28–29. See also the statement made by the High Commissioner for Human Rights on 2 February 2011 on the execution of at least 66 persons in the month of January 2011, including at least 3 political prisoners, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10698&LangID=E (accessed on 22 February 2011).