CAT/C/31/D/203/2002
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4.6
In relation to his activities in May 1994, the State party notes that the complainant
provided no concrete evidence that any of his fellow group members were arrested.
Similarly, there is no objective evidence attesting to the complainant’s father being
arrested – the only evidence comes from family sources.
4.7
The State party contends that the complainant’s political activities in the
Netherlands do not place him at any personal risk of being tortured upon return to Iran,
because there is neither any claim nor any evidence that the Iranian authorities are aware
of his activities in the Netherlands.
4.8
Finally, the State party denies that the complainant was not given sufficient
opportunity to tell his story during his first asylum application. His second application
simply contained a more detailed account of events, not a different account. In any event
new material, such as the documents produced by the complainant, were properly
investigated and considered by the authorities. In this regard, the Iranian documents were
found to be inauthentic, on the basis that they did not conform to standard formatting
practices for such documents in Iran.
4.9
In the State party’s opinion, there is no basis for believing that the complainant
runs a foreseeable, real and personal risk of being subjected to torture upon his return to
Iran, and that the expulsion of the author from the Netherlands to Iran would not violate
article 3 of the Convention.
The complainant’s comments on the State party’s observations
5.1
In his comments on the State party’s observations, dated 2 January 2003, the
complainant states that neither of his applications was reviewed by the Advisory
Committee referred to in the State party’s observations. To him, the tone of the
government’s 2001 country report on Iran was not similar to those of previous years, but
was in fact very negative. He rejects the relevance of the State party not having any
record of recent convictions of Fedayeen members, and submits that it should not be
concluded from this that those involved in Fedayeen activities do not risk serious
consequences. He states that the activities of the group are illegal in Iran, and are
therefore difficult to detect and prosecute.
5.2
The complainant reiterates that he did experience problems between 1985 and
1994, and that this constitutes evidence that the Iranian authorities continue to view him
with suspicion.
5.3
The complainant’s response is accompanied by a letter of support from Amnesty
International. This sets out details about the Iranian penal code, the consequence of
carrying out activities for banned opposition organizations, and details of the alleged
deficiencies in the administration of justice in Iran. It cites examples of executions and
torture of members of opposition political movements in Iran in recent years, although no
recent cases of Fedayeen members being subjected to this treatment. The letter
emphasizes that the complainant’s release from prison in 1985 was conditional on him
not engaging in further political activity, and that he was told he would receive the death
penalty if he did not comply. It further states that the Iranian documents tendered by the
complainant, and which were not considered authentic by the State party, were reviewed
by an expert on Iranian legal documents, who attested to their authenticity. It also