CAT/C/47/D/381/2009 persons suspected of being involved in a serious crime or of acting on behalf of specific political groups also risk being arrested. 4.4 The State party asserts that nothing in the report of the Swiss Refugee Council cited by the claimant leads to the conclusion that people who hold a particular position within the Democratic Association for Refugees would be exposed to a specific risk if they were to return to Iran. According to the same report, even repeated support for actions in opposition to the current Iranian regime would not lead to an increased risk of reprisals. The report does note, however, that carrying out violent actions or holding a particularly senior post in certain opposition groups might increase that risk.12 Moreover, the Council cites as examples only the most important and especially well-known organizations. The State party also suggests that numerous organizations in Switzerland, aside from the Democratic Association for Refugees, take pains to appoint their members to particular posts so that they may be shown to be especially exposed to the danger of being subjected to illtreatment should they be sent back to their countries of origin. The Iranian authorities are unable to identify and monitor every individual, even when they are aware of the political activities of Iranian citizens in exile. They are interested in identifying only those persons whose activities represent a real threat to the country’s political system. 4.5 With reference to the conclusions of the Federal Office for Migration, the State party asserts that the complainant’s activities on behalf of the Democratic Association for Refugees, especially in his capacity as its representative for the Canton of Obwald and his regular involvement in demonstrations and the distribution of pamphlets and magazines, do not constitute a ground for fearing that he would receive treatment prohibited by the Convention should he return to Iran. The complainant does not occupy a leadership position of sufficient importance or with a high enough profile to warrant the conclusion that he would be at risk of ill-treatment should he return. The same can be said of his contacts with the association’s leadership and the publication on the Internet of his articles, which contain no more than the same kind of stereotypical criticisms of the regime that appear regularly under other names. Given that the association is active above all in Switzerland, there is little reason to believe that its monthly publication has much readership outside the country. There is no evidence that the Iranian regime has taken any measures against the complainant because of his activities in Switzerland. 4.6 With regard to the complainant’s claims that the Federal Administrative Tribunal has made rulings granting asylum to other people occupying similar positions, the State party asserts that each case is examined on its merits. It notes that, although asylum has indeed been granted to some members of the Democratic Association for Refugees, that was not so in many other cases of people who occupy various posts in the association.13 The Tribunal has issued around 40 decisions since the beginning of 2007 concerning persons who have adduced political activities as members of the Democratic Association for Refugees and has granted asylum only in a certain number of cases after due consideration of all the circumstances. Even if they have undertaken similar activities in the Democratic Association for Refugees, two individuals may be exposed to a different level of risk if returned to Iran because other factors influence how much attention the Iranian authorities focus on them. 4.7 The State party also maintains that the Iranian authorities are capable of distinguishing between political activities deriving from a serious, personal conviction, 12 13 6 4.2.2.1; see footnote 5 above. The State party refers to the aforementioned report of the Swiss Refugee Council; see footnote 3 above. The State party refers to various rulings of the Federal Administrative Tribunal, attached to the file. GE.12-40167

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