CAT/C/35/D/258/2004 Page 4 entered into force for Canada on 24 July 1987. The complainant is represented by counsel, Mr. Richard Albert. 1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee transmitted the complaint to the State party on 30 November 2004. Pursuant to rule 108, paragraph 1, of the Committee’s rules of procedure, the State party was requested not to expel the complainant to Iran while his case was pending before the Committee. The State party acceded to such request. Factual background 2.1 From 1968 to 1982 the complainant was a member of the Iranian Air Force, where he obtained the rank of captain. In December 1978, when rioting and widespread protests in the country was at its peak, and prior to the installation of the Ayatollah Khomeini, he was given the responsibility of commander of martial law at “Jusk” Air Force Base. He claims that he was given that assignment, inter alia, because he was an outspoken opponent of Ayatollah Khomeini and strongly loyal to the Shah. 2.2 On 13 February 1979, after Ayatollah Khomeini became President of Iran, he was arrested and kept in Q’asr prison in Tehran for almost 3 months. He was frequently interrogated and beaten. On 2 May 1979, he was released and soon afterwards was assigned to an Air Force base in Mehrabad, Tehran. 2.3 In December 1980, he was expelled from the Air Force on allegations of being loyal to the monarchist regime, but in February 1981, he was called back to service. He retained his rank of captain and was assigned to “Karaj” radar station in Tehran. In July 1981, he was expelled a second time from the Air Force, due to the fact that he had expressed sentiments of loyalty to the Shah. Subsequently, he became involved with the National Iranian Movement Association (“NIMA”), which staged an unsuccessful coup d’état against the Khomeini regime in 1982. In March 1982, in the aftermath of the coup d’état, many NIMA members were executed. The complainant was arrested, taken to Evin prison in Tehran and severely tortured. He was also kept incommunicado. On 9 July 1982, he was subjected to a false execut ion. On three occasions, authorities called his brother informing him of the complainant’s execution. The complainant provides copy of a newspaper article referring to his detention and trial. 2.4 In December 1984, he was found guilty of an attempt against the security of the state and transferred to Mehr-Shar prison, near the city of Karaj. According to the complainant, this prison is partially underground and he was deprived of sunlight for most of the time. In May 1985, he was transferred to Gezel Hessar prison, where his health deteriorated drastically and he became paralyzed from the waist up. 2.5 In July 1987, he got a two-day medical pass to exit the prison in order to obtain medical treatment. At that time, some members of his family were in contact with a promonarchist organization known as the Sepah Royalist Organization, based in London. Arrangements had been made through Sepah for removing him from Iran. During his twoday release he fled to Pakistan with his wife.