CAT/C/63/D/673/2015
7.4
In the present case the Committee notes that the complainant maintains that he was
imprisoned and tortured in Iran, then sentenced in absentia to 4 years’ imprisonment and
placed on a blacklist, which means that he risks being arrested upon arrival in Iran. It
further notes that, according to the complainant, the State party’s authorities failed to take
this information into account. However, the Committee observes that in its judgment of 28
January 2014, the Federal Administrative Court analysed the judgment However, the
Committee observes that in its judgment of 28 January 2914, the Federal Administrative
Court analysed the judgment allegedly handed down by the Iranian courts and concluded
that it was doubtful that any criminal proceedings had even been taken against the
complainant because he had provided no documentation to that effect. 26 The Committee
further notes that, as emphasized by the Federal Administrative Court in its judgment of 14
January 2015, the offences for which the complainant claimed to have been sentenced are
offences under ordinary law.
7.5
The Committee also takes note of the inconsistencies and contradictions in the
complainant’s statements and submissions, to which the State party has drawn attention. In
particular, the Committee notes that during the proceedings before the national authorities
in Switzerland, the complainant submitted two diametrically opposed versions of the events
surrounding his arrest and on the manner in which it was carried out, and that he has not
provided any information to explain or refute these contradictions.
7.6
The Committee further notes that, according to the State party, the complainant’s
political activities in Switzerland do not constitute lasting and intensive activity that could
be considered a real and serious threat to the Iranian Government. The Committee takes
note of the complainant’s medical assessment report, which indicates that he is suffering
from post-traumatic stress disorder, albeit without stating the cause, and the fact that the
complainant could not remain politically active owing to his medical condition. In addition,
the Committee observes that, in its judgment of 3 September 2014, the Federal
Administrative Tribunal noted that the post-traumatic stress disorder had manifested only
once the asylum procedure had ended, and that the applicant had family and medical
facilities in Tehran that could provide him with the assistance he needed. 27
7.7
In this context the Committee nevertheless notes that, even if it were to accept the
claim that the complainant had been subjected to torture and ill-treatment in the past, the
question is whether he remains, at present, at risk of torture in Iran in the event of his
forcible return there. The Committee further recalls its jurisprudence to the effect that it is
generally for the complainant to present an arguable case.28
7.8
The Committee is aware that numerous aspects of the human rights situation in the
Islamic Republic of Iran remain problematic. Nevertheless, the Committee recalls that the
occurrence of human rights violations in the complainant’s country of origin is not, of itself,
sufficient for it to conclude that a complainant is personally at risk of being tortured. The
Committee also notes that the complainant had ample opportunity to provide supporting
evidence and more details about his claims to the Federal Office for Migration and the
Federal Administrative Court. However, the evidence provided does not make it possible to
conclude that his involvement in political activities in the Islamic Republic of Iran and
Switzerland could put him at risk of being subjected to torture or inhuman or degrading
treatment upon his return to Iran.
7.9
On the basis of the information before it, the Committee concludes that the
complainant has not proved that his political activities are important enough to attract the
attention of the authorities of his country of origin and concludes that the information
26
27
28
10
See judgment E-2077/2012 of 28 January 2014, para. 6.3, p. 15, available at:
www.bvger.ch/bvger/fr/home/jurisprudence/entscheiddatenbank-bvger.html.
See judgment E-4534/2014 of 3 September 2014, para. 7.1, p. 7, available at:
www.bvger.ch/bvger/fr/home/jurisprudence/entscheiddatenbank-bvger.html.
See, for example, C.A.R.M. et al. v. Canada (CAT/C/38/D/298/2006), para. 8.10; Zare v. Sweden
(CAT/C/36/D/256/2004), para. 9.5; M.A.K. v. Germany (CAT/C/32/D/214/2002), para. 13.5; S.L. v.
Sweden (CAT/C/26/D/150/1999), para. 6.4; and N.B-M. v. Switzerland (CAT/C/47/D/347/2008), para.
9.9.
GE.18-12643