the APHO in the course of the ordinary procedure
for obtaining refugee status, which led to the
decision of the Swiss Appeal Commission of 26
January 1993, because he had not been aware that
those activities would be a determining factor. The
situation changed after the decision, when he learned
that he would have to return to Iran. At that point, he
realized that because of his political activities in Iran
before 1990 and, in particular, because of his
political activities in Switzerland since 1990, he and
his wife ran a very great risk of being subjected to
acts contrary to article 3 of the Convention if they
returned to Iran. Counsel repeats that since 1990 the
author has been active in the APHO, which is
considered an illegal and dissident organization in
Iran and whose activities in Switzerland are
monitored by the Iranian secret police. The author
distributed leaflets attacking the regime in Iran, and
in May 1991 he was seen and threatened by the
brother of the President of the Iranian Council of
Ministers. In June 1992, the Iranian consul visited
the APHO stand in Bern and attempted to identify
the people participating in APHO activities. Counsel
concludes that the author’s identity is very probably
known to the Iranian authorities.
6.3 The State party also declares that “in the
present case, the Appeal Commission confirmed the
decision to reject asylum on the basis of the author’s
statements. It considered that the grounds invoked
did not make it possible to conclude that refugee
status was highly probable in the author’s case. The
Appeal Commission took the following points into
account in making its decision:
The author’s statements about his political
activity were not sufficiently substantiated, since
his knowledge of the political programme of the
organization in which he claims to have been
active was very sketchy in essential respects;
The circumstances in which the author claims to
have resumed working with the organization are
at variance with what is known about the
practice of movements hostile to an established
political regime. The author’s explanations
regarding his alleged conviction following his
political activity were also considered to be at
variance with the facts;
Finally, the author’s wife was unable to
corroborate his statements at the hearing before
the Federal Office for Refugees.”
5.2 Counsel adds that on 13 May 1996 the author
filed an application for temporary authorization
because of his son’s medical problems.
The State party concludes that Swiss legislation
essentially uses the same conditions for prohibiting
return as those laid down in article 3 of the
Convention.
State party’s observations on the admissibility and
validity of the communication
6.4 The State party refers to the text of article 3 of
the Convention and the Committee’s practice of
considering whether there are specific grounds for
believing that the individual would be in personal
danger of being subjected to acts of torture in the
country to which he would be returned. The
existence of a consistent pattern of gross, flagrant or
mass violations of human rights does not in itself
constitute a sufficient ground for concluding that a
person would be in danger of being subjected to
torture on his return to that country.
6.1 In its observations of 7 August 1996, the State
party informs the Committee that it no longer
contests the admissibility of the communication.
6.2 The State party summarizes the “facts alleged
by the author” and the domestic procedures under
way. As regards the points raised by the Swiss
authorities, it observes that, “under article 12 (a) of
the Asylum Act, an asylum-seeker must prove—or
at least make out a good case—that he is a refugee
within the meaning of article 3 of the Asylum Act,
i.e., that he would be likely to suffer serious harm or
that he has good reason to fear that he would suffer
such harm, in particular because of his political
opinions”, and concludes that “from that standpoint,
articles 3 and 12 (a) of the Asylum Act, as
interpreted by the Appeal Commission, establish
criteria similar to those of article 3 of the Convention,
namely, the existence of serious, concrete and
personal danger of persecution (art. 3, para. 1; cf.
B. Mutombo v. Switzerland, ...), in the determination
of which all relevant considerations must be taken
into account (art. 3, para. 2), including, in particular,
the likelihood that the author’s statements are true
(Asylum Act, art. 12 (a)) and, where appropriate, the
existence of a consistent pattern of gross, flagrant or
mass violations of human rights (art. 3, para. 2)”.
6.5 The State party observes that “in the present
case, the author’s statements concerning his political
activity with the People’s Mojahedin did not appear
to be sufficiently substantiated in the opinion of the
competent Swiss authorities”. It maintains that, “in
view of the inconsistency of the author’s statements,
they were not sufficiently plausible to cause the
Swiss authorities to consider that refugee status was
highly probable in the case of the author of the
communication. The allegation of a risk of inhuman
treatment if the author were to return to Iran, which
is based principally, if not exclusively, on the
consequences of his political activity cannot
seriously be taken into account when it has never
been established that he engaged in the political
activities in question, or even that he was a member
of a party that opposed the existing political regime”.
23
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