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