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