CAT/C/46/D/357/2008
magazine, in which his name and telephone number were published. Under these
circumstances, the Committee considers that the complainant’s name could have been
identified by the Iranian authorities. The Committee also takes note of the decision of the
Federal Administrative Tribunal cited by the complainant, in which it granted asylum to a
member of the Democratic Association for Refugees who held, like him, a position as a
cantonal representative for the Association.24
9.10 Consequently, and in the light of the general human rights situation in the Islamic
Republic of Iran that particularly affects human rights defenders and members of the
opposition seeking to exercise their right to freedom of expression, and in view of the
complainant’s political opposition activities in Switzerland, which could suggest that he has
attracted the attention of the Iranian authorities, the Committee considers that there are
substantial grounds for believing that the complainant risks being subjected to torture if
returned to the Islamic Republic of Iran.
10.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that the deportation of the complainant to the Islamic Republic of
Iran would amount to a breach of article 3 of the Convention.
11.
The Committee urges the State party, in accordance with rule 112, paragraph 5, of
its rules of procedure, to inform it, within 90 days from the date of the transmittal of this
decision, of the steps taken in response to the decision expressed above.
[Adopted in English, French and Spanish, the French text being the original version.
Subsequently to be issued also in Arabic, Russian and Chinese as part of the Committee’s
annual report to the General Assembly.]
24
Decision No. D-6849/2006 of the Federal Administrative Tribunal of 26 August 2008; see footnote 6
above.
11