CAT/C/52/D/481/2011
grounds must be adduced to show that the individual concerned would be personally at
risk.13
7.3
The Committee recalls its general comment No. 1 (1997) on the implementation of
article 3 of the Convention, in which it states that “the risk of torture must be assessed on
grounds that go beyond mere theory or suspicion”. While the risk does not have to meet the
test of being “highly probable” (para. 6), it must be personal and present. In this regard, the
Committee has determined that the risk of torture must be foreseeable, real and personal.14
The Committee recalls that, under the terms of its general comment No. 1, it gives
considerable weight to findings of fact that are made by organs of the State party
concerned, while at the same time it is not bound by such findings and instead has the
power, provided by article 22, paragraph 4, of the Convention, of free assessment of the
facts based upon the full set of circumstances in every case.15
7.4
The Committee takes note of the State party’s observations concerning the
complainants’ lack of credibility. These concerns are based on allegations including the
presentation of contradictory and incomplete information concerning K.N.’s and S.N.’s
activities for Komala; the questionable authenticity or veracity of certain of the documents
provided by the complainants to substantiate K.N.’s involvement in Komala (namely, the
summons and the corroborating statements provided by Mr. Azizpour); and the convenient
timing of their political activities in Switzerland. The Committee also notes the State
party’s position that K.N’s activities within the Komala party are superficial in nature and
would not be noticed by or be of interest to the Iranian authorities.
7.5
The Committee takes note of the complainants’ assertions regarding the attempts by
the Government of the Islamic Republic of Iran to identify political dissidents living
abroad. The Committee notes that the State party, while expressing disagreement regarding
the extent of this surveillance, observes that active expatriate dissidents risk persecution
upon their return to the Islamic Republic of Iran. The Committee is seriously concerned by
findings that the Iranian authorities engage in extensive attempts to identify and sanction
political dissidents, including ethnic Kurds and alleged members of the Komala party.16
7.6
The Committee regrets that the State party did not provide observations on the
documentation17 recently submitted by the complainants to establish that they are still being
sought by the Iranian authorities, who have recently tortured three of their friends on
account of their association with K.N., and that a person known to K.N. denounced him to
the Iranian police. The Committee is concerned at the many reports of human rights
violations, including the use of torture, in Iran.18 The Committee does not have information
indicating that this situation has significantly improved following the change in leadership
when Iranian President Mahmoud Ahmedinejad left office in 2013. Indeed, the Committee
notes that the human rights situation in Iran remains extremely alarming, with ongoing
13
14
15
16
17
18
Conversely, the absence of a consistent pattern of flagrant violations of human rights does not mean
that a person might not be subjected to torture in his or her specific circumstances.
See, inter alia, communications No. 258/2004, Dadar v. Canada, decision adopted on 23 November
2005, and No. 226/2003, T.A. v. Sweden, decision adopted on 6 May 2005.
See general comment No. 1, para. 9; communication No. 375/2009, T.D. v. Switzerland, decision
adopted on 26 May 2011, para. 7.7.
See, e.g., Note by the Secretary-General on the situation of human rights in the Islamic Republic of
Iran (A/68/503), paras. 1, 6, 8 and 30; Note by the Secretary-General on the situation of human rights
in the Islamic Republic of Iran (A/67/369), paras. 15–18; Report of the Special Rapporteur on the
situation of human rights in the Islamic Republic of Iran (A/HRC/19/66), pp. 23–29.
The new documentation is referred to in para. 3.5.
See Hamid Reza Eftekhary v. Norway, communication No. 312/2007, decision adopted on 11 January
2012, paras. 7.4–7.6.
9