CAT/C/50/D/439/2010
committed an error in its application of the law, as it was required to reconsider his case on
the basis of the new evidence adduced, namely the medical report of 24 April 2010. In this
context, he refers extensively to the practice of the national authorities whereby they review
cases on the basis of evidence submitted after the entry into force of earlier decisions,
especially in cases involving non-refoulement to a country where there may be a risk of
torture.
2.6
The complainant argues that the political situation of the Arab ethnic minorities is
now sufficiently documented, which was not the case when he filed his application for
asylum in the State party. He refers to the report of the UK Border Agency entitled Country
of Origin Information (2009), and notes that around 3 per cent of the population of the
Islamic Republic of Iran is of Arab origin, half of whom live in Khuzestan. Since 1999,
more than 1 million Arabs have been forcibly displaced with a view to “Iranicizing” these
groups by redistributing them among the Iranian population. As more than 80 per cent of
Iranian oil is located in Khuzestan, it is a strategic region. Human rights violations such as
arbitrary detention, indefinite detention and physical violence mainly affect members of
ethnic minorities and, in particular, the Arab minority.
2.7
The complainant explains that, out of fear of crackdowns, Arabs avoid speaking
their language in the Islamic Republic of Iran. Arab opposition parties have received
support from Iraq in the past and a number of them, acting in secret, advocate
independence. The complainant also claims that bomb attacks were carried out in
Khuzestan in 2005. In retaliation, the authorities executed eight Arabs and arrested several
others. Following the demonstrations in Abadan in 2005 against the poor quality of the
water, the population of Khuzestan has been subjected to even greater surveillance and
repression, torture during detention is systematic and the capacity of prisons has been
seriously exceeded, resulting in inhuman conditions. The complainant adds that summary
executions are a frequent occurrence in the Islamic Republic of Iran.5
2.8
He also notes that the Swiss Federal Administrative Court recognized that the
Iranian secret services clearly may monitor political activities carried out against the regime
abroad. However, it maintains that the attention of the Iranian authorities is largely focused
on persons with a particular profile – persons acting outside the usual framework of mass
opposition and whose functions or activities pose a serious and concrete threat to the
Iranian regime, with the extent of the danger being decisive.
2.9
The complainant thus maintains that he fulfils several potential criteria for
repression in the Islamic Republic of Iran: he is a member of the Arab minority, he belongs
to the B. clan, he is from the family of a politically active person who is wanted by the
authorities (his brother) and has now become the head of the family, following the death of
his father; he took part in an opposition demonstration in Switzerland and believes that the
Iranian authorities are aware of this fact. Even if he is not the leader of a political party and
his political activities have been short-lived, the complainant believes that when his case is
being considered, account should be taken of all the circumstances surrounding it.
2.10 The complainant states that it is difficult to obtain evidence from the Islamic
Republic of Iran, where the security services do not document their investigations and
where case files remain confidential until they are transmitted to a court. Lastly, he believes
that it was quite normal for him not to know the exact name of the party for which his
5
4
days of discovery of the grounds for the review, which, in this case means the time when the medical
report in question was issued.
The complainant refers to the report of the Department of State of the United States of America
(2009) on the situation of human rights in the Islamic Republic of Iran, which mentions, inter alia,
several violations committed against the Arab minority, including against members of the B. clan.
GE.13-45608