CAT/C/52/D/481/2011
State party takes the view that the statements by Mr. Azizpour appear to be “writings of
convenience”, and that the summons is not probative evidence of a risk incurred, since K.N.
brought many copies of blank summons forms with him to Switzerland and stated at his
hearing before the Federal Office for Migration that anything could be purchased in the
Islamic Republic of Iran.
4.4
The State party submits that S.N.’s allegations relating to the computer-related
activities he performed in the Islamic Republic of Iran to assist his father’s involvement in
Komala are contradictory and unconvincing because he was unable, during asylum
proceedings, to identify or describe any of the passwords, telephone numbers, e-mails or
political texts that he alleged that he had recorded on the computer for his father, and
because it was not credible that he would save passwords on a computer when passwords
were intended not to be recorded. The State party takes note of S.N.’s explanation at his
Federal Office hearing that he did not have a personal interest in these activities but was
simply executing them at his father’s request. The State party further considers that S.N. is
not at risk of ill-treatment in the Islamic Republic of Iran since he stated that he was not
politically active in the country, was unable to provide any useful information about
Komala or relevant details about the visit of the Secret Service to the family’s home, and
that he did not know why his father claimed that he was aware of all of his father’s Komala
activities and contacts.
4.5
The State party considers that, although the Iranian Secret Service has been known
to conduct surveillance of expatriate dissidents, it is implausible that the Service has taken
note of the complainants’ activities in Switzerland. The State party is of the view that the
Iranian authorities do not target all members of opposition parties, but rather focus on highprofile individuals who, for example, participate in activities that could represent a concrete
danger to the Iranian regime. The State party submits that K.N. and S.N. do not present
such a profile; the political activities they allege that they have participated in are typical
activities for exiled Iranians, and would not identify the complainants as potentially
dangerous agitators even if the Iranian authorities came to know of them. The State party
considers that the Iranian authorities are unlikely to attempt to apply facial recognition
techniques to the unlabelled photographs purporting to depict the complainants
participating in demonstrations, and that it is impossible for the authorities to monitor and
identify all political opponents abroad. The State party further considers that the authorities
are likely aware that many Iranians living abroad attempt to portray themselves as
dissidents in order to obtain asylum. The State party also considers that the complainants
did not allege that they had participated in political activities against Iran in Switzerland
until the Federal Administrative Court denied their request for review, and that this sudden
and recent political engagement is superficial and does not appear to stem from profound
conviction.12
Complainants’ comments on the State party’s submission
5.1
By letter dated 5 July 2012, the complainants submitted their comments on the
observations of the State party. As a preliminary matter, they maintain that the State party
has not provided any new information or any response to the materials provided by the
complainants to the Committee.
5.2
The complainants contest the State party’s observation that there is no situation of
generalized violence in the Islamic Republic of Iran, since there is a high risk of being
12
The State party also submits that the complainants should be able to easily reintegrate into Iranian
society, since they have a large network of relatives and friends in Mahabad, where they lived until
their departure, and since K.N. is well educated.
7