CAT/C/53/D/492/2012
5.4
The complainant rejects the State party’s submission that his accounts were not
credible. He mentioned his political activity for the PDKI in his first request for asylum.
His first request was denied and he filed a new request based on his political activity in
Switzerland. Owing to the strict procedural rules on asylum, facts considered in the
previous asylum request cannot be assessed in the second asylum request. Therefore, the
second asylum request did not contain further facts regarding his political activity in the
Islamic Republic of Iran. He stands by the statements he made regarding his political
activity in the Islamic Republic of Iran and in Iraq, which add to the danger of a real and
personal risk of his being subjected to treatment contrary to the Convention.
5.5
The complainant contests the State party’s statement that the Iranian regime focuses
only on opponents who have a particular profile. He asserts that that there is strong
evidence suggesting that the human rights situation in the Islamic Republic of Iran is
deteriorating and that even low-profile and opportunistic protestors are persecuted. The
complainant also asserts that he is an active and visible member of the Swiss branch of the
PDKI. He also maintains that a simple Google search and cross-referencing of websites and
photographs could quickly reveal a list of political activists in Switzerland. He rejects the
State party’s assertion that his political activity is aimed primarily at attaining the right to
stay in Switzerland; that assertion is unfounded.
5.6
Regarding his conversion to Christianity, the complainant maintains that many
sources confirm that there is a danger of being persecuted, even sentenced to death, for
converting or proselytizing. Rejected asylum seekers are thoroughly questioned upon
entering the Islamic Republic of Iran. It is therefore likely that the authorities would find
out about the complainant’s conversion. It is also unacceptable to expect that the
complainant should refrain from practising his religion in a visible manner. Even if he were
to try to conceal his conversion, it is inevitable that in time, his new faith would be
discovered.
5.7
With respect to the State party’s statement that he did not mention his stays in
Greece and Germany, the complainant clarifies that he had not made reference to them
because of the significant human rights violations that take place in Greece regarding
asylum seekers. In a letter to the Federal Office for Migration dated 11 November 2009, he
explained those circumstances in detail.
Complainant’s further submission
6.
In a further submission of 7 November 2013, the complainant provided additional
evidence concerning his political12 and religious13 activity in Switzerland. He maintains that
the additional evidence further corroborates the fact that he would face a risk of torture if
returned to the Islamic Republic of Iran.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee against
Torture must decide whether it is admissible under article 22 of the Convention. The
12
13
The political activities mentioned by the complainant include participation in a United Nations
conference concerning human rights (Geneva, 12 March 2013); ceremonies commemorating the death
of Dr. Abdul Rahman Qassemblu, a former leader of the KDPI (Paris, 13 July 2013 and Biel, 14 July
2012); publications in newspapers; and participation in a television debate.
The religious activities mentioned by the complainant include volunteering at a Christian drop-in
centre for drug addicts and participating in a play performed at the Adventist Church in Schaffhausen.
7