CCPR/C/114/D/2329/2014 3.2 The author claims that, if returned to the Islamic Republic of Iran, he would be at risk of being subjected to inhuman or degrading treatment or punishment in violation of article 7 of the Covenant. He points out that the Kurdish Democratic Party of Iran in Europe issued a letter, that was provided to the State party’s authorities, that confirmed that he was a sympathizer of the Kurdish Democratic Party of Iran,1 and that the mere possession of a flyer from an opposition group such as the Kurdish Democratic Party of Iran can lead to 10 years of imprisonment.2 He submits that capital punishment is not only imposed as a sentence but is also carried out, inter alia against young Kurds, solely on the basis of suspicion of participation in political activities.3 3.3 The author states that he has not converted to the Zoroastrian religion, but because of his tattoo he will be considered as a Muslim who has converted to Zoroastrianism. He alleges that the Iranian authorities harass, discriminate against, and in some cases, arrest and persecute adherents of the Zoroastrian religion, since, in common with Christianity, it is seen as a threat to national security and to the Islamic revolution.4 He submits that many Iranians have been adopting Zoroastrian symbols and marking Zoroastrian festivals to express their rejection of the Shiite theocracy. He submits that he obtained the tattoo to show his disregard for the Iranian theocracy and authorities. It does not matter whether the authorities conceive of the tattoo as a symbol of him rejecting the Iranian theocracy or consider him as a Muslim who converted to Zoroastrianism; either way, he will be at great risk. 3.4 Furthermore, the author claims that it cannot be ruled out that he will be at risk of inhuman or degrading treatment or punishment on account of his opinions and the information contained in his Facebook account. He has been posting critical pictures and comments, for example on the subject of the Kurdish Democratic Party of Iran, political activists and the execution of Iranian citizens. He also uploaded a picture of his tattoo. He submits that the authorities keep Iranians around the world under surveillance, and moreover, force people returning to the Islamic Republic of Iran to log into their Facebook accounts in order to identify opponents to the Iranian regime. 5 If the Iranian authorities are not aware of his Facebook account, it is highly probable that they will learn about it upon his arrival in the Islamic Republic of Iran. 3.5 Finally, the author points out that the fact that he left the Islamic Republic of Iran illegally and will be deported to the Islamic Republic of Iran without a valid passport puts him at further risk. Denmark has a new procedure whereby Iranian citizens who have an identity document, or school or military papers, are deported without their passport or laissez-passer and the Iranian authorities at the airport are asked if the person will be 1 2 3 4 5 The author refers to the report by the Danish Immigration Service and the Danish Refugee Council entitled “Iranian Kurds: On conditions for Iranian Kurdish parties in Iran and KRI, activities in the Kurdish area of Iran, conditions in border area and situation of returnees from KRI to Iran” (September 2013), pp. 32 and 33. The author refers to the British Home Office (United Kingdom Border Agency) publication entitled Operational Guidance Note: Iran (October 2012), para 3.12.7. The author refers to the British report entitled “Human rights and democracy: the 2012 Foreign and Commonwealth Office report – Iran” (15 April 2013) and the Amnesty International news item entitled “Iran: Halt the execution of four Kurds on death row” (20 September 2013). The author refers to the “International Religious Freedom Report for 2012” produced by the Bureau of Democracy, Human Rights and Labor at the United States Department of State. The author refers to the British Home Office (United Kingdom Border Agency) report entitled “Iran: Country of origin information (COI) report” (16 January 2013), pp. 95 and 96. 5