CAT/C/46/D/357/2008
Additional observations by the complainant
7.1
On 11 June 2010, the complainant referred to a decision by the European Court of
Human Rights,15 which held that the forcible return to the Islamic Republic of Iran of a
complainant who had been arrested and tortured in that country in the past constituted a
violation of article 3 of the European Convention on Human Rights, given, inter alia, the
general situation in the Islamic Republic of Iran, particularly after the elections held in the
country in June 2009. The complainant notes in particular that in this decision, the Court
accepted that the Iranian authorities frequently arrest and torture individuals participating in
peaceful demonstrations in the country, not only when they hold a leading political role, but
also when they are simply opponents of the regime. The Court also noted that the situation
was particularly risky for complainants who had left the country illegally.
7.2
In the same submission, the complainant claims that he left the Islamic Republic of
Iran illegally for political reasons. He reiterates that since his arrival in Switzerland in 2005,
he has been active in exile opposition movements against the regime. Not only has he
participated in many demonstrations, but he also runs a radio show called “The Voice of the
Resistance”, in addition to being the regional leader of the Democratic Association for
Refugees. Given that the Iranian authorities closely monitor all activities of political
dissent, which according to them includes participation in peaceful demonstrations, there
are substantial grounds for believing that the complainant would be detained and
questioned if he were deported to the Islamic Republic of Iran. The fact that he would not
be able to prove he had left the country legally would make his situation even worse.
7.3
On 28 February 2011, the complainant informed the Committee that he has
continued to host a radio broadcast on a local station called Lora for the past several
months. In a weekly broadcast called “The Voice of the Resistance” on that radio station,
he has been able to read poems he has written reflecting his opinions on the current
situation in the Islamic Republic of Iran.16 He adds that he remains an active member of the
Democratic Association for Refugees and is still the representative of that association for
the Canton of Schaffhausen. Moreover, he continues to participate in demonstrations and
other public events organized by the Iranian opposition in exile throughout Switzerland.
7.4
In the same submission, the complainant also notes that the human rights situation in
the Islamic Republic of Iran has seriously deteriorated over the past few months. He claims
that at least 66 persons, including many political activists, were executed in the month of
January 2011 alone. The complainant encloses, inter alia, a press release from the
International Federation for Human Rights dated 6 January 2011, reporting some 70
executions in the Islamic Republic of Iran in one month, including an execution by public
hanging. At least 18 of the 70 persons mentioned were said to have been executed for
political reasons, facing the vague charges of moharebeh (“fighting God”) and “corruption
on earth”. He also mentions a European Parliament resolution dated 18 January 2011
expressing concern about, inter alia, the persecution of certain religious and ethnic groups,
and about the recent allegations of extrajudicial executions carried out in the Islamic
Republic of Iran since June 2009. The complainant further claims that the Iranian
Government recently established a “cyber police” unit responsible for tracking and gauging
the extent of “espionage and riots” on opposition social networks on the Internet.17 The
complainant also notes that as an ethnic Kurd belonging to the Sunni denomination, his risk
of persecution if he was returned would be threefold: as a political activist, as a member of
an ethnic minority, and as a member of a religious minority.18 According to the
15
16
17
18
8
R.C. v. Sweden, application No. 41827/07 of 9 March 2010.
The complainant encloses two of his poems.
The complainant encloses an article from the Boston Globe dated 24 January 2011 reporting on the
establishment of such a police unit, as announced by Iranian State television.
He refers to a report by Minority Rights Group International entitled “State of the World’s Minorities