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

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