CAT/C/47/D/381/2009 danger from the Iranian regime. Similarly, the Tribunal judged that the complainant’s publications in no way contributed to any risk he might run, as similar writings containing stereotypical criticisms of the present regime and attempting to tarnish its reputation were plentiful and appeared regularly on various websites. In the wake of that judgement, the Federal Office for Migration ordered the complainant and his family to leave Switzerland by 21 April 2009 at the latest, a decision that is the subject of the complaint submitted by the complainant to the Committee. He maintains that the Tribunal, in its ruling of 19 March 2009, had mistakenly concluded that his role and activities as representative for the Canton of Obwald in the Democratic Association for Refugees did not expose him to a risk of persecution should he be deported to the Islamic Republic of Iran. 2.5 The complainant insists that the Tribunal’s ruling of 19 March 2009 differs considerably from earlier rulings made in similar cases, given that the same court had granted asylum to other cantonal representatives of the Democratic Association for Refugees in leadership positions, thereby recognizing the risks to those opponents of the regime.4 He adds that the Federal Office for Migration has already decided that cantonal representatives of the Democratic Association for Refugees, regardless of the size of the canton, risk persecution should they return to the Islamic Republic of Iran.5 Moreover, he claims that the Tribunal explicitly deemed the post of cantonal representative of the Democratic Association for Refugees to entail a real risk of persecution and that such persons would have a well-founded fear of suffering if they were forced to return to Iran.6 In a subsequent ruling of 19 February 2009, the Tribunal granted asylum to a member of the Democratic Association for Refugees who, although not a cantonal representative, was especially active in the association, organizing and participating in demonstrations, contributing articles critical of the present regime in the Islamic Republic of Iran to websites and helping to organize other activities of the association. The Tribunal therefore considered in its ruling that, given his role, the appellant would obviously be seen to be connected with the Democratic Association for Refugees and therefore perceived as dangerous by the authorities, thus leading to a risk of persecution.7 The complainant adds that, in addition to such rulings, numerous credible reports show that the Iranian authorities keep a close watch on and record the political activities of members of the Iranian diaspora.8 2.6 In the light of those reports and of the Tribunal’s own jurisprudence, the complainant is surprised by the various authorities’ conclusions that he runs no risk in the event of his return to the Islamic Republic of Iran. He reiterates that he is a cantonal 4 5 6 7 8 4 The complainant refers to a ruling made by the Tribunal on 29 August 2007, in which he claims that it recognized that the Iranian authorities monitored the political activities of Iranian political opponents residing abroad and kept a record of supposedly subversive activities through Internet searches. Similarly, he claims that the Tribunal recognized in the same ruling that the Democratic Association for Refugees was the most important and active opposition group in Switzerland and that its former director was well known to the Iranian authorities. The Tribunal therefore concluded, he says, that anyone having regular contact with him ran the risk of being documented by the Iranian authorities. The complainant invokes cases 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. Decision No. D-6849/2006 of 16 August 2008, pp. 12–13, para. 4.2.2.2. Decision No. D-4581/2006 of 19 February 2009, pp. 8–9, para. 4.3. The complainant refers to a report by the German Ministry of the Interior (Verfassungsschutzbericht, 2007, p. 297) and another by the Swiss Refugee Council entitled “Iran: Dangers encourus par les activistes et membres des organisations politiques en exil de retour dans leur pays. Moyens d’accès à l’information des autorités iraniennes” (Michael Kirschner, 4 April 2006), attached to the file, according to which Iranian citizens living in Switzerland and occupying positions of importance in the Democratic Association for Refugees face a risk of persecution. GE.12-40167