CAT/C/47/D/381/2009
which thus represent a potentially significant source of instability, and those aimed
primarily at providing the individuals concerned with a residence permit. Moreover, the
Democratic Association for Refugees has become known for its systematic attempts to
provide its members with personal grounds for requesting asylum, by setting up stalls as
often as once a week with around a dozen participants, who are photographed carrying
pamphlets. Those photographs are then published on its website. When the Federal
Administrative Tribunal confirmed its ruling that simply being a member of the association
did not in itself constitute personal grounds for asylum after having fled from another
country, it established a variety of posts, such as logistics or security manager, etc. Since
then, almost all cases involving its members have had to do with persons playing a “leading
role” in the association. In this particular case, the complainant has not demonstrated that
he would be exposed to a substantial risk as a result of his activities in the association.
Complainant’s comments on the State party’s observations on the merits
5.1
In his comments of 13 January 2010, the complainant contends that the fact that the
Democratic Association for Refugees is not included in the list of the most prominent
Iranian opposition organizations is explained by the fact that this list is only indicative. He
further states that, when the report of the Swiss Refugee Council was published in 2006, the
association was still a young organization and not yet sufficiently well known to be
classified alongside other, older opposition movements. Nevertheless, the existence of the
Democratic Association for Refugees has been acknowledged in several court decisions of
the State party.
5.2
The complainant rejects suggestions by the State party that he is one of many
applicants seeking asylum for economic rather than political reasons and attempting to
obtain residence permits by joining political organizations. The complainant has been a
member of the Democratic Association for Refugees since October 2005 and has occupied
the post of cantonal representative since April 2007. His personal and financial
commitment in recent years, attesting to his political motivation, is genuine and credible.
The Democratic Association for Refugees currently has 12 cantonal representatives in
Switzerland. Given that the association has around 200 members, the post of cantonal
representative is clearly one of the most senior positions.
5.3
The complainant draws a distinction between the various decisions of the Federal
Administrative Tribunal mentioned by the State party, noting that four of them14 dealt with
association security personnel or ordinary members with no management position, which is
not the complainant’s current situation. He adds that the Federal Office for Migration has
granted refugee status to several persons acting as cantonal representatives of the
Democratic Association for Refugees.15 In conclusion, given the present situation in the
Islamic Republic of Iran, marked by massive human rights violations,16 and in view of his
continued political commitment and profile, the complainant maintains that he would be
exposed to a substantial risk of treatment prohibited by article 3 of the Convention if he
were forcibly returned to Iran.
14
15
16
GE.12-40167
Decisions of 2 July 2007, 21 January 2008, 18 September 2008 and 16 January 2009.
The complainant refers to decision Nos. N 440 341 of July 2006, N 409 182 of November 2006, N
397 027 of February 2007, and N 404 499 of February 2009 of the Federal Office for Migration.
The complainant refers to a decision of the Federal Administrative Tribunal of 9 July 2009, pp. 25–
27.
7