CAT/C/18/D/34/1995 page 9 discrepancies with the information provided by his wife are not relevant. Mrs. Aemei has lived in great fear for years, which would explain the fact that she wanted to know as little as possible about her husband's political activities. In any case, she first heard about them in April 1983. 7.3 Counsel is of the opinion that the author's statements about his political activities are true, which is also proved by the fact that the Swiss Government admits in its observations that there was an APHO stand in June 1992 and that a skirmish between Iranians did indeed take place. He further submits that the Swiss authorities' refusal to consider the author's request for reconsideration, based on his activities in the APHO, is a serious procedural error and contrary to the author's right to have his fear of being tortured considered by the competent authorities. 7.4 Counsel reiterates the fact, already mentioned by the author in his appeal of 24 September 1992, that the mere act of requesting asylum can constitute a relevant ground within the meaning of article 3, paragraph 1, of the Convention against Torture, and refers in this connection to documentation of the Schweizerisches Flüchtlingswerk. Decision concerning admissibility and examination of the merits: 8. The Committee notes with appreciation the information given by the State party that the author and his family will not be expelled while the communication is under consideration by the Committee (rules of procedure, art. 108, para. 9). 9.1 Before considering any claim contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a) of the Convention, that the same matter has not been, and is not being examined under another international investigation or settlement procedure. The Committee notes that the State party has not raised any objection to the admissibility of the communication (see State party's observations dated 7 August 1996). The Committee therefore finds that no obstacle to the admissibility of the communication exists and proceeds with the examination of the merits of the communication. 9.2 The Committee reiterates that it is by no means its responsibility to determine whether the author's rights as recognized by the Convention have been violated by Iran, the country to which he risks being expelled, regardless of whether or not this State is a party to the Convention. The question before the Committee is whether expulsion, return or extradition to the latter country would violate Switzerland's obligation, under article 3 of the Convention, not to expel or return an individual to a State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 9.3 In accordance with article 3, paragraph 1, of the Convention, the Committee has to determine whether there are substantial grounds for believing that Mr. Aemei and the members of his family would be in danger of being subjected to torture if they returned to Iran. In order to do this, the Committee must, in accordance with article 3, paragraph 2, take into account

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