CAT/C/64/D/783/2016 going to homosexual community places in Switzerland and had started a relationship with a man there. 3.4 The complainant claims that his asylum application was wrongly dealt with under the accelerated procedure by the State party’s authorities, with both interviews with the State Secretariat for Migration having been held within a period of one and a half months. He refers to the guidelines of the Office of the United Nations High Commissioner for Refugees, which indicate that the accelerated proceedings are not suitable for processing asylum applications on grounds of sexual orientation or gender identity. He also complains about errors in the proceedings, notably the fact that his counsel was replaced by another counsel just before the second interview, which was when he met the new counsel for the first time. He alleges that his counsels stated that he had psychological problems, but failed to hand over the medical reports supporting his claims. He submits that his counsels failed to file a motion for an additional interview, although the complainant had stated during the first interview that his story was long and would require two full days to be told in detail. 3.5 Furthermore, the complainant claims that he will be particularly at risk as he does not follow the official religion of the Islamic Republic of Iran. He submits that he had an office in his country of origin to spread his ideas, that his neighbours are aware of the fact that he is an atheist, and that he wants to dedicate his life to fighting against religious fanaticism, regardless of where he resides in the future. The complainant fears the risk of being punished and subjected to torture or other ill-treatment in the Islamic Republic of Iran, since article 22 of the country’s Penal Code allows judges to convict individuals for apostasy. 3.6 Lastly, concerning the foreseeable, real and personal nature of the risk of being tortured upon return to the Islamic Republic of Iran, the complainant insists that he previously suffered torture when he was repeatedly raped during his military service. In support of his claim, the complainant quotes the report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran 24 which denounces “the use of torture and other cruel, inhuman or degrading treatment” such as “amputations, blinding and flogging as a form of punishment”. In particular, the complainant refers to several other reports25 on the persecution of homosexuals in the Islamic Republic of Iran. He also makes a reference to the provision in Iranian law which prohibits sodomy and provides for the death penalty as punishment for this crime. 26 The complainant further claims that corporal punishment is used in the Islamic Republic of Iran to punish homosexual acts such as kissing and touching.27 Additional information from the complainant 4.1 On 15 December 2017, the complainant submitted additional information to the Committee to support his claim of a personal risk of torture if deported. He requested anonymity in regard to his identity. He drew attention of the Committee to a recent decision of the Federal Administrative Court of the State party 28 in which it was found that an apostate was at a personal risk of ill-treatment upon deportation to Afghanistan. 4.2 He requested the Committee to treat his case as a priority, taking into account the negative impact of a risk of deportation on his health. He admitted feeling very unsafe at the asylum centre where he stayed, as some other inmates were homophobic and intolerant towards non-believers. He recalls that, since his arrival in the State party, he has already been hospitalized in a psychiatric centre for one week. 24 25 26 27 28 A/71/418, para. 22. Among others: Human Rights Watch, “Lesbian, gay, bisexual and transgender people are subjected to official harassment, arbitrary arrest and detention, prosecution and ill-treatment or torture” (2016). The report is available at www.hrw.org/world-report/2016/country-chapters/iran. Articles 233 and 234 of the Iranian Penal Code. Article 237 of the Iranian Penal Code provides that such acts shall be punished by 31 to 74 lashes. Judgment D-4952/2014 of 23 August 2017. 5