CAT/C/52/D/483/2011-CAT/C/52/D/485/2011
attention of the authorities upon return to the Islamic Republic of Iran, thus significantly
increasing the risk of them being arrested, tortured and sentenced to death, if returned.
7.7
Consequently, and in the light of the general human rights situation in the Islamic
Republic of Iran, which particularly affects members of the opposition, and in view of the
complainants’ political activities in both the Islamic Republic of Iran and abroad, their
previous imprisonment and detailed description of torture and ill-treatment suffered there,
supported by substantiating elements adduced as proof thereof by the complainants, such as
medical documentation, the Committee considers that the material before it is sufficient to
conclude that there are substantial grounds for believing that the complainants risk being
subjected to torture if returned to the Islamic Republic of Iran.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that there are substantial grounds for believing that the
complainants would face a foreseeable, real and personal risk of being subjected to torture
by government officials if returned to the Islamic Republic of Iran. The Committee
therefore concludes that the deportation of the complainants to the Islamic Republic of Iran
would amount to a breach of article 3 of the Convention.
9.
The Committee is of the view that the State party has an obligation to refrain from
forcibly returning the complainants to the Islamic Republic of Iran or to any other country
where they run a real risk of being expelled or returned to the Islamic Republic of Iran.
Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee invites the State
party to inform it, within 90 days from the date of the transmittal of the present decision, of
the steps it has taken in response to the present decision.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
9