CAT/C/46/D/357/2008
Refugees had already been considered during the first asylum procedure and that there have
been no new developments in this connection since then. It reaffirms that it cannot be
inferred from the information put forward by the complainant regarding his various
activities that he would be perceived as a leader of an opposition organization representing
a potential threat to the Iranian regime and that he would, therefore, be at risk of being
tortured if returned.
4.6
When considering the complainant’s first asylum application, the Federal Office for
Migration11 had carefully examined a newspaper article which he had written and had
concluded that, although it seemed to use a call for the overthrow of the Mullahs’ regime as
a catchphrase, it did not give the impression that the complainant held clearly delineated
political beliefs or that he represented a potential danger to the regime in the Islamic
Republic of Iran. The article rather seemed to have been intended to serve as grounds for
asylum following the complainant’s flight from the Islamic Republic of Iran, and the
Iranian authorities would be able to see that.
4.7
Regarding the complainant’s participation in radio broadcasts with political content,
the State party notes that the Federal Office for Migration concluded that the complainant
had not demonstrated that the Iranian authorities had been aware of this or that they would
consider him as dangerous on this basis. Finally, the State party maintains that the
complainant has not provided any evidence to demonstrate that the fact that he belongs to
the Kurdish minority would increase his risk of being persecuted if returned.
Complainant’s comments on the State party’s submission
5.1
On 16 June 2009, the complainant contended that the fact that the Democratic
Association for Refugees is not included in the list of the most prominent Iranian
opposition organizations is explained by the fact that this list is only indicative in nature.
He further states that, when the report of the Swiss Refugee Council was published, the
Democratic Association for Refugees was still a young association that was not well known
enough to be classed with other, older opposition movements. However, several court
decisions of the State party have recognized the existence of the Democratic Association
for Refugees. The complainant objects to the fact that the State party is echoing newspaper
articles that describe the political activism of the Democratic Association for Refugees as
nothing more than an alibi for asylum-seekers and asserts that such a point of view is
marginal and inaccurate.
5.2
With regard to the decision of the Federal Administrative Tribunal of 16 August
2008 to grant asylum to a member of the Democratic Association for Refugees, the
complainant maintains that the person concerned was, like him, a cantonal representative of
the Democratic Association for Refugees, and that this person’s name also appeared, along
with his contact details, in Kanoun magazine. According to the complainant, the Federal
Administrative Tribunal has therefore explicitly recognized that holding a position as a
representative of the Democratic Association for Refugees at the cantonal level and having
one’s name and contact details published should be considered as an indication that such a
person would be perceived to be a danger to the regime in Tehran. He adds that, in a more
recent decision, the Tribunal also granted refugee status to an asylum-seeker who was a
member of the Democratic Association for Refugees and whose political profile was lower
than that of the complainant, as he was simply responsible for security during
demonstrations.12 The complainant adds that the Federal Office for Migration has accorded
11
12
6
Decision of 26 November 2007.
The complainant refers to decision No. D-4581/2006 of 19 February 2009, para. 4.3.