CAT/C/46/D/357/2008
refugee status to several individuals who were cantonal representatives for the Democratic
Association for Refugees.13
5.3
With regard to the newspaper article which he had written and which had been
examined by the Federal Office for Migration during his first asylum application procedure,
the complainant emphasizes that it is similar to other articles published in Kanoun
magazine. The members of the Democratic Association for Refugees who have been
recognized as political refugees by the State party on the basis of such articles did not
employ a notably different style or make more strongly supported political remarks.
Furthermore, the complainant has continued to publish other articles in Kanoun and to
participate in demonstrations against the Iranian regime and in radio broadcasts.
Additional observations by the State party
6.1
On 24 August 2009, the State party responded to the complainant’s claims that some
members of the Democratic Association for Refugees had been granted asylum in
Switzerland further to a decision of the Federal Office for Migration or the Federal
Administrative Tribunal. It reiterates that these bodies consider each individual case on the
basis of its specific elements. It adds that the Federal Administrative Tribunal has issued 40
decisions since the beginning of 2007 in cases in which applicants have adduced political
activities as members of the Democratic Association for Refugees. Asylum has only been
granted in a certain number of cases after due consideration of all of the circumstances
involved.14 Even if they have undertaken similar activities within the same organization,
two individuals may be exposed to a different level of risk if returned to the Islamic
Republic of Iran because other factors influence how much attention the Iranian authorities
focus on them. The State party reiterates that the Iranian authorities are able to distinguish
between political activities deriving from a serious, personal conviction, which thus
represent a significant subversive potential in their eyes, and activities aimed primarily at
providing those involved with a residence permit in a third country.
6.2
The State party adds that the Democratic Association for Refugees systematically
seeks to provide its members with personal grounds for asylum by setting up stalls on an
almost weekly basis at which the Association photographs its members carrying pamphlets
in ways that ensure that they are recognizable and publishes the photographs on its website.
After the Federal Administrative Tribunal ruled that simply being a member of the
association did not in itself constitute personal grounds for asylum after having fled from
another country, the Democratic Association for Refugees began to establish different roles
for its members, such as logistics or security manager, etc. Since then, the majority of cases
involving its members have had to do with persons who play a “leading role” within the
Association. In conclusion, the State party reiterates that the risk of being subjected to
torture must be assessed on the basis of the particular circumstances of each case and that
the complainant in this case has not established that he would face such a danger if returned
to the Islamic Republic of Iran.
13
14
The complainant refers to decision Nos. N 440 341 of July 2006, N 409 182 of November 2006, N
397 027 of February 2007, and N 404 499 of February 2009 of the Federal Office for Migration.
The State party refers to the decisions of the Federal Administrative Tribunal of 2 July 2007
concerning the logistics manager of the Democratic Association for Refugees, of 21 January 2008 and
18 September 2008 concerning two other members of the Association, of 16 January 2009 concerning
a security manager of the Association, and of 19 March 2009 concerning a cantonal manager of the
Association.
7