CAT/C/52/D/481/2011 consistently disregard human rights4 and have repeatedly tortured or executed members of the Komala party.5 They assert that K.N. is likely a person of interest to the Iranian authorities because a far-reaching internet surveillance system is in place in the Islamic Republic of Iran.6 3.3 The complainants argue that they have exhausted all domestic remedies. They filed Swiss asylum applications on 11 October 2008, which were denied by the Federal Office for Migration on 30 October 2008.7 The Federal Administrative Court denied the complainants’ appeals of the asylum decisions on 5 December 2008. The complainants state that the Federal Office and the Court found their claims to be implausible. The Court also considered that certain documents submitted by the complainants (namely, two letters from the Representation of Komala abroad) did not establish a risk of persecution, because membership of Komala alone was insufficient to establish such a risk. The complainants assert that they had submitted these documents to the Federal Office and that the Federal Office failed to take them into account. The complainants filed a petition for reconsideration before the Federal Office on 5 February 2009. The Federal Office forwarded the request to the Court, in the form of a request for revision. The complainants submitted additional documentation in support of their claims (namely, a summons issued by the Islamic Revolution Court for K.N. and S.N). The Court rejected the request for revision on 28 May 2009, and the request for reconsideration before the Federal Office was cancelled on 7 August 2009 because the complainants filed a second asylum application. They submitted supplementary documents with the second application; however, the Federal Office rejected the application on 30 November 2010. The Federal Office called into question K.N.’s membership in Komala, and considered it unlikely that the Iranian authorities were aware of their alleged membership in Komala or IFIR. The Federal Office further considered that the online photographs purporting to depict the complainants’ participation in the 2009 demonstration against the Iranian president had been manipulated and did not in any case permit identification of the complainants. On 27 December 2010, the complainants appealed the second set of Federal Office decisions to the Court. On 1 September 2011, their claim was rejected by the Court, which considered that the complainants could not be considered visible opponents to the Iranian regime and could not demonstrate deep political conviction. The Court also considered that the pictures and videos published on the internet were unlikely to permit identification of the complainants, that K.N.’s designation as successor to the community leader of the IFIR did not constitute a relevant risk of persecution, and that there was no general threat of violence in the Islamic Republic of Iran. The complainants assert that the Court decisions cannot be appealed. In a letter dated 8 September 2011, the Federal Office set a deadline for the complainants to leave Switzerland before 30 September 2011. 4 5 6 7 4 The complainants cite an article by the Democratic Party of Iranian Kurdistan, “Hundreds Kurds for political and security reason are detained – A brief report on the situation of human rights under Islamic Republic of Iran’s regime – July 2005 – July 2006”, available from: www.kurdistanarojava.com/inglizi/Nuce2006_Inglizi/IranianKurdistan.htm (site not available); Human Rights Watch, “You Can Detain Anyone for Anything’: Iran’s Broadening Clampdown on Independent Activism” (January 2008); Human Rights Watch, “Iran: Halt the Crackdown” (19 June 2009); Christian Science Monitor, “Iran’s mass arrests: broadest since 1979 Islamic Revolution,” (28 June 2009); CNN.com, “Wife fears for safety of detained Iranian activist” (undated); United Nations Secretary-General’s report on the situation of human rights in the Islamic Republic of Iran (A/65/370, p. 3); General Assembly resolution 65/226. The complainants cite Human Rights Watch, “Iran: Violent Crackdown on Protesters Widens” (23 June 2009). The complainants cite Organisation suisse d’aide aux réfugiés, “Iran: depart illégal/situation des membres du PDKI/activités politiques en exil” (16 November 2010). S.N. filed an asylum application separate from those of the four other family members.