CCPR/C/125/D/2439/2014
on his wish to proselytize, it may reasonably be assumed that the author will engage in
religious practices upon return to the Islamic Republic of Iran, which, in the light of the
available country of origin information, will expose him to a real risk of treatment contrary
to article 7 of the Covenant.
3.4
The author will be deported to the Islamic Republic of Iran irrespective of the fact
that he does not hold a valid Iranian passport and thus risks being interrogated by the
authorities at the airport.12 Even if the Iranian authorities are not already aware that he has
converted to Christianity, there is a significant risk that this fact will be disclosed if he is
arrested and questioned when entering the country without a valid passport.
3.5
The author also fears repercussions from the Iranian authorities because he will be
forced to serve a sentence rendered in his absence.
3.6
Lastly, the author attended two or three demonstrations in Copenhagen, in front of
the Iranian Embassy, against the regime in the Islamic Republic of Iran and its mistreatment
of the population.13
3.7
The author further invoked articles 6 and 14 of the Covenant, without providing any
reasons.
State party’s observations on admissibility and the merits
4.1
On 5 January 2015, the State party submitted its observations on admissibility and
the merits. It first refers to the facts of the case, in particular to the author’s statements
regarding his situation in the Islamic Republic of Iran prior to his departure and to the
documents produced before the Danish authorities and before the Committee. It notes that,
on 18 January 2012, the author declared to the Danish National Police that he was tired of
living in Tehran and that he had paid for a false passport to travel to Denmark. On 23
January 2012, he declared to the Danish National Police that he saw no possibility of a
future in the Islamic Republic of Iran, that he had been under pressure at work and that he
had had no freedom to live life fully. He wanted to live in Denmark to have a better life,
with an education and work, and to enjoy privacy and freedom. On 23 January 2012, the
author also submitted an asylum application in which he gave his first elaborate and
coherent statement on the background of his departure from the Islamic Republic of Iran
and his ground for asylum in his native language and in his own words.
4.2
The State party points to discrepancies in the author’s declarations before the Danish
authorities with respect to the moment when he was detained in the Islamic Republic of
Iran; whether he experienced problems with the Iranian authorities after his detention at the
police station; and the validity of his passport when he left the country. The author also
submitted different documents to the Danish authorities and to the Committee. While some
documents have been submitted to both of them, 14 others were produced only before the
Refugee Appeals Board15 or only before the Committee. 16
4.3
On 25 November 2014, the Refugee Appeals Board refused to reopen the asylum
proceedings. Given that the Board could not find as a fact that the author had problems with
12
13
14
15
16
4
In that respect, the author cites a country of origin information report on the Islamic Republic of Iran
published by the United Kingdom of Great Britain and Northern Ireland Border Agency, Home
Office (16 January 2013), p. 260, available at www.refworld.org/docid/510136952.html and Norway:
Landinfo – Country of Origin Information Centre, Iran: On Conversion to Christianity, Issues
concerning Kurds and Post-2009 Election Protestors as well as Legal Issues and Exit Procedures
(February 2013), p. 69, available at www.refworld.org/docid/519c99d14.html.
The author submits four pictures.
The judgment of 24 July 2013, the notice to appear served on the author on 1 March 2014 and the
notice to appear served on the author’s father on 3 May 2014.
(1) Judgment of 16 September 2011 issued in absentia for the selling, setting up, etc. of satellite
dishes, in which the author was sentenced to eight years’ imprisonment and a fine of 100 million rials;
(2) notice of 2 May 2011 to appear “for the execution of sentences at the Evin Prison”; and (3) notice
of 26 June 2011 to appear “for the execution of sentences at the Evin Prison”.
A notice to appear dated 6 May 2013 and served on 8 May 2013, according to which the author was
to appear before the Islamic Revolutionary Court in the Islamic Republic of Iran on 21 May 2013.