Advance unedited version CCPR/C/132/D/3188/2018 2.8 Whilst in Denmark, the author consistently participated in church services and religious instruction. He encouraged other Iranian asylum seekers to attend church services. On 28 February 2016, he was baptized.4 The author had an angel, a cross and an excerpt from the bible, in Farsi, tattooed on his body. He also published Christian messages on his Facebook page, which were seen and reviewed, as noted in the interview transcript, during his substantive asylum interview. However, no further questions were put to him on any of these matters. 2.9 The author also took part in a demonstration against the Iranian regime, in Denmark, where pictures of him were taken, which he informed the asylum interviewer of. Again, this line of questioning was not pursued. Complaint 3.1 The author claims that his deportation to Iran would violate his rights under articles 6 and 7 of the International Covenant on Civil and Political Rights (ICCPR). Under article 6, he fears that his life will be at risk owing to the fact that apostasy and adultery both carry the death penalty under Sharia law. He fears he will be killed by S’ husband or those commissioned by him. Under article 7, he fears that he will be subjected to torture, inhumane and degrading treatment or punishment as a detainee, as he will be immediately questioned upon his arrival in Iran for leaving illegally,5 as he left without any permission, visa or no identity documents, and will face charges for not appearing for military service.6 He claims that, once detained, he will necessarily be subjected to a routine body search during which time his tattoos will be obvious. This will immediately raise the issue of his conversion and he will face immediate questioning and persecution for apostasy. In this connection, the author refers to the case Z v. Denmark, in which it was argued that the fact that the author had no passport led the Iranian authorities to strip search him, leading to the discover his religious tattoos.7 He fears he will be arrested and charged for apostasy and, if he fails to recant, will be prosecuted. He further fears that, as a result of questioning, his identity in connection with his mother’s detention and his relationship with S through her husband’s government links, will be discovered placing him at risk of being charged with adultery and proselytizing in relation to S. Owing to his presence at a political protest against the Iranian regime in Denmark, which he knows are closely monitored by the Iranian security apparatus, he further fears persecution and prosecution as an opponent to the regime. The author also asserts that he would be forced to perform military service, which is against his beliefs and that he would in any case be forced to supress or deny his faith, contrary to his rights under article 18 of the Covenant. The author alleges that he also fears being killed, extra judicially, by S’ husband in accordance with repeated threats. 4 5 6 7 In the R.A.B. decision, the State party disputes the credibility of the author concerning the moment of the conversion. ‘According to Article 34 of the Penal Code, the penalty for leaving the country without a valid passport (or similar travel document) is between one and three years’ imprisonment, or a fine of between 100,000 and 500,000 rials (AUD 4-20). A special court located in Tehran’s Mehrabad Airport deals with [cases of people leaving the country without a valid passport or similar travel document] … The court assesses the background of the individual, the date of their departure from the country, the reason for their illegal departure, their connection with any organizations or groups, and any other circumstances. This procedure also applies to people who are deported back to Iran and who are not in possession of a passport containing an exit visa. The Australian Department of Foreign Affairs and Trade (DFAT) understands that illegal departure is often prosecuted in conjunction with other unrelated offences: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/852 768/cpin-iran-illegal-exit_-_ext.pdf accessed 27 January 2021. The December 2013 General Official Report of the Netherlands Ministry of Foreign Affairs noted that: ‘The evasion of military service is punishable under Article 40 of the Armed Forces Penal Law by imprisonment of six months to two years, or an extension of the service. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/852 768/cpin-iran-illegal-exit_-_ext.pdf, accessed 21 January 2021. Z v. Denmark (CCPR/C/114/D/2329/2014). 3