The State party further submits “that the author of
the present communication has produced no
document with evidentiary value, either in the course
of the domestic proceedings or before the Committee
against Torture, relating to his political activities for
the Mojahedin, or any medical certificate attesting to
his having been subjected to treatment prohibited by
the Convention”. In the opinion of the State party,
“at this stage already, the author’s communication
appears to be manifestly ill-founded as regards the
existence of a personal, serious and concrete danger
of treatment contrary to article 3 of the Convention,
to which the author claims he would be exposed if
he were sent back to his country”.
argument cannot be sufficient in respect of article 3,
paragraph 1, of the Convention since the prohibition
laid down in this provision is dependent on the
proven existence of substantial grounds for
persecution”. The State party maintains that it has no
information to substantiate the specific danger of
persecution as a result of filing an application for
asylum in Switzerland.
6.10 The State party considers that the author’s
statements do not enable the conclusion to be drawn
that there are substantial and proven grounds for
believing that he would be in danger of being
tortured if he returned to Iran. Finally, it observes
that “the European Commission of Human Rights
has deemed that the general situation in Iran was not
characterized by mass violations of human rights
[application N° 21649/93, DR, 75/282]” and that,
“the author himself does not claim that there is a
consistent pattern of human rights violations in Iran”.
6.6 The Swiss authorities further consider that
some of the author’s statements do not correspond to
the facts and, because they show a lack of familiarity
with established practice with regard to illegal
political activities, describe them as “totally
unrealistic”. In particular, the author’s statement that
he was sentenced to only two years’ imprisonment
because of the judge’s respect for his origins
contradicts information gathered by the Swiss
authorities in the course of asylum proceedings
concerning Mojahedin.
Counsel’s comments on State party’s observations
7.1
In a letter of 30 October 1996, counsel
reiterates the points made in his initial
communication. As regards the State party’s
argument that the author’s statements about his
political activity within the People’s Mojahedin did
not appear to be sufficiently substantiated, counsel
submits that it is normal for a sympathizer not to be
as well informed about an organization as one of its
members. He explains that the author was motivated
by hostility towards the regime rather than the
Mojahedin’s political ideas. Counsel notes that the
author is not in a position to produce documents in
support of his allegations concerning the events that
took place in Iran, and states that after his release the
author was no longer active within the Mojahedin.
6.7 Finally, the State party notes that the author’s
wife did not corroborate his statements about his
political activities. The State party therefore
concludes that the author’s fear appears to be
manifestly ill-founded.
6.8 With regard to the author’s activities in
Switzerland, the State party is not able to confirm
the author’s allegation that his identity is very
probably known to the Iranian authorities because of
the events that occurred in May 1991 and June 1992.
In particular, the Bern police are not aware of the
participation of the brother of President Rafsanjani
in the May 1991 incident. As regards the Iranian
consul’s visit to the APHO stand, the Swiss
Government has stated that, “a member of the city of
Bern police force recalls that there was a skirmish
between Iranians in June 1992, but does not know
whether it involved members of the Iranian
consulate and APHO activists, because the incident
was already over by the time the police arrived,
when only APHO members were present. In the light
of this information, the Swiss Government considers
it at least doubtful whether the events in question
occurred so they cannot automatically be considered
to constitute a decisive ground in respect of article 3
of the Convention”.
7.2 Counsel acknowledges that the security
measures taken by the author’s group in Iran were
not sufficient, but rejects the conclusion that the
author’s statements are unrealistic. He also maintains
that merely distributing leaflets can lead to life
imprisonment and explains that the fact that the
author was only sentenced to two years’
imprisonment in April 1983 was due, inter alia, to
the author’s origin as a descendant of Muhammad.
Concerning the alleged contradictions, counsel
affirms that the author’s statements are not
contradictory on essential points, and that the
discrepancies with the information provided by his
wife are not relevant. Mrs. Aemei has lived in great
fear for years, which would explain the fact that she
wanted to know as little as possible about her
husband’s political activities. In any case, she first
heard about them in April 1983.
6.9 As to the author’s allegation that the filing of
an application for asylum is in itself a relevant
ground within the meaning of article 3, paragraph 1,
of the Convention, the State party observes that the
author adduces no evidence in support of this
argument. The State party further notes, “such an
7.3 Counsel is of the opinion that the author’s
statements about his political activities are true,
which is also proved by the fact that the Swiss
Government admits in its observations that there was
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