CAT/C/46/D/357/2008
legal deadline. The decision of the Federal Office for Migration therefore came into force.
The State party notes, however, that the complainant’s communication before the
Committee focuses on his second asylum application, which is based on his political
activities after he left the Islamic Republic of Iran, and that he has exhausted all remedies
for that application.
4.3
With regard to the complainant’s political activities in the Islamic Republic of Iran
as outlined during his first asylum procedure, the State party notes that the Federal Office
for Migration substantiated, in detail, the reasons why it did not consider them to be
credible. It also reiterates that the complainant has not exhausted all the domestic remedies
with regard to that procedure. In the State party’s view, the same is true of the claims made
by the complainant during his second asylum procedure, according to which he had
attracted the attention of the Iranian authorities as a result of his political activities as the
representative of the Democratic Association for Refugees for the Canton of Schaffhausen.
These claims have been examined in detail by different national judicial authorities, who
have concluded that the complainant would not be in danger if returned to the Islamic
Republic of Iran. In many decisions concerning the removal of unsuccessful asylumseekers to the Islamic Republic of Iran, the Federal Administrative Tribunal has found that
the Iranian secret service may carry out surveillance of political activities in opposition to
the regime undertaken abroad, but only when those involved in such activities fit a certain
profile, take action that falls outside the usual scope of the mass opposition movement, and
hold office or carry out activities of such a nature that they represent a serious and real
threat to the Government.7 The State party adds, referring to various sources of information,
that those suspected of being involved in a serious crime or of acting on behalf of specific
political groups also risk being arrested.
4.4
The State party asserts that the report of the Swiss Refugee Council cited by the
claimant does not state that people who hold a particular position within the Democratic
Association for Refugees would be exposed to a specific risk if they were to return.
According to the same report, even repeated support for actions in opposition to the current
Iranian regime would not lead to an increased risk of reprisals. The report does note,
however, that such actions might be taken if a person were to commit acts of violence or
hold a particularly senior post in certain opposition groups.8 The State party suggests that
the Democratic Association for Refugees is not one of the main opposition groups in exile
referred to in the report of the Swiss Refugee Council.9 It adds that the Democratic
Association for Refugees has been described by some members of the press as an
organization whose primary purpose is to provide its members with evidence of political
activity so that they can remain in Switzerland.10 Therefore, if the Iranian authorities are
monitoring the activities of this association, they are also likely to be aware of these
reservations and to be taking them into account.
4.5
The State party notes that the complainant’s second application was based entirely
on his political activities from 25 March 2008 to 14 July 2008 (date of the last decision of
the Federal Administrative Tribunal). It was therefore rejected on the basis of his alleged
activities, namely, his role as a representative of the Democratic Association for Refugees,
his participation in three demonstrations and his recruitment by a local radio station. The
State party observes that his role as a representative of the Democratic Association for
7
8
9
10
The State party refers to decision No. D-6849/2006 of the Federal Administrative Tribunal of 26
August 2008, para. 4.2.2.1; see footnote 6 above.
The State party refers to the aforementioned report of the Swiss Refugee Council; see footnote 3
above.
The State party is referring to the report of the Swiss Refugee Council cited above.
The State party refers here to an article in the weekly Die Weltwoche of 25 April 2007.
5