CAT/C/53/D/470/2011
hit on the head three or four times, approximately every 10 to 15 minutes, while in the van.
Second, the administrative tribunal found it unrealistic that his handcuffs had been removed
in the van and that he had been able to overpower two officers and escape. Third, it
appeared incredible that his brother’s banned material had been stored in their shared room
and that the brother had not been held accountable in that connection. Fourth, the
complainant had failed to explain why he had kept all his identity documents, except his
identity card, in one single bag, which could be interpreted as if he had tried to hide his
actual itinerary from the authorities. Fifth, it appeared incredible that the officials who had
searched his parents’ house had been able to influence his sentence. Sixth, the summons
submitted to the Swiss authorities had no evidential value, as it could easily have been
forged and purchased in the Islamic Republic of Iran. Finally, even if the complainant had
left the Islamic Republic of Iran illegally, as alleged, there was no risk of him being
subjected to ill-treatment or persecution in his country of origin.
2.8
With reference to reports by international non-governmental organizations, the
complainant maintains that the human rights situation in the Islamic Republic of Iran has
been critical, particularly after the 2009 presidential elections. In 2011 alone, 300 persons
were executed. The Committee itself has stated that the human rights situation was
“extremely worrisome”.2 He further claims that he had been excluded from university on
the basis of his political activities, however the Swiss authorities did not assess the
credibility of that information. He had participated in various demonstrations after the June
2009 elections but had not been arrested until December 2009. His account to the
authorities, regarding the December 2009 demonstration and his subsequent arrest,
including the persons involved, was vivid, detailed and without contradictions. A
representative of a non-governmental organization who was present at the asylum interview
found his statements credible and reported that he had described the officers’ appearance
without hesitation.
2.9
On the points raised by the administrative tribunal, the complainant submits that he
had lost track of time when he was brought to the van, because of emotional distress caused
by the arrest, handcuffing and beatings by the officials. He argues that the alleged
inconsistency in the description of the length of his detention does not undermine the
credibility of his account. He explains that he had been released from handcuffs like other
arrestees who had been forced to lie on the floor in the van. He submits that, using karate
techniques, he had knocked down an officer, who, because of acute pain, had not followed
him when he had escaped from the van. Furthermore, Iranians have access to and
frequently consult banned publications, as confirmed by governmental and nongovernmental sources. It was not unusual, therefore, that his brother’s incriminating
material had been kept in their parents’ house. In addition, the complainant had expected to
destroy that material but the authorities had searched the house before he could do so. He
explains that his father had kept his identity card to apply for subsidized goods. He further
argues that it is generally known in the Islamic Republic of Iran that possessing banned
material is punishable by death. It is not unusual that, in the context of widespread
corruption in the Islamic Republic of Iran, the officials, who had searched the parents’
house, had attempted to bribe his father, by invoking the likely sentence for the
complainant. Since his father had not yielded to the offer, the complainant’s statement in
that connection has no bearing on his credibility. He submits that, apart from the summons
submitted to the Swiss authorities, he had no other evidence to demonstrate that he had
been wanted by the Iranian authorities, as arrest warrants are normally not handed over to
suspects. Nothing indicates that the summons is not authentic: according to Amnesty
International, forged documents are rarely used in the Islamic Republic of Iran, and the
2
4
Communication No. 357/2008, Jahani v. Switzerland, decision adopted on 23 May 2011, para. 9.4.