CCPR/C/114/D/2389/2014
7.7
The Committee considers that the State party did not sufficiently take into account
the totality of facts as exposed in paragraph 7.6. above, including the potential personal risk
for the author if returned to the Islamic Republic of Iran. In this connection, the Committee
considers that the personal risk faced by the author should be assessed in the light of a
combination of his political profile and other personal circumstances, such as his birth in
the Al-Tash refugee camp, his later residence in the Barika refugee Camp and the fact that
he has no identity documents and does not speak Farsi. None of these circumstances is
sufficient in itself to substantiate a real risk of being subject to torture or ill-treatment in the
Islamic Republic of Iran. Nonetheless, the Committee considers that the State party should
have considered them in their combination, together with the documented prevalence of
torture in the Islamic Republic of Iran.25 The Committee therefore considers that the
removal of the author to the Islamic Republic of Iran would constitute a violation of article
7 of the Covenant.
8.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the author’s
removal to the Islamic Republic of Iran would, if implemented, violate his rights under
article 7 of the Covenant.
9.
In accordance with article 2 (3) (a), of the Covenant, the State party is under an
obligation to provide the author with an effective remedy, including a full reconsideration
of his claim regarding the risk of torture, inhuman or degrading treatment or punishment if
returned to the Islamic Republic of Iran, taking into account the State party’s obligations
under the Covenant.
10.
By becoming a State party to the Optional Protocol, the State party has recognized
the competence of the Committee to determine whether or not there has been a violation of
the Covenant. Pursuant to article 2 of the Covenant, the State party has undertaken to
guarantee to all individuals within its territory and subject to its jurisdiction the rights
recognized in the Covenant, and to provide an effective and enforceable remedy where it
has been determined that a violation has occurred. The Committee therefore requests the
State party to provide, within 180 days, information about the measures taken to give effect
to the present Views. The State party is also requested to publish the present Views.
25
See, for instance, paragraphs 3.3 and 5.5 above.
13