CAT/C/18/D/34/1995
page 6
Ministers. In June 1992, the Iranian consul visited the APHO stand in Bern
and attempted to identify the people participating in APHO activities.
Counsel concludes that the author's identity is very probably known to the
Iranian authorities.
5.2
Counsel adds that on 13 May 1996 the author filed an application for
temporary authorization because of his son's medical problems.
State party's observations on the admissibility and validity of the
communication
6.1
In its observations of 7 August 1996, the State party informs the
Committee that it no longer contests the admissibility of the communication.
6.2
The State party summarizes the “facts alleged by the author” and the
domestic procedures under way. As regards the points raised by the Swiss
authorities, it observes that, “under article 12 (a) of the Asylum Act, an
asylum-seeker must prove - or at least make out a good case - that he is a
refugee within the meaning of article 3 of the Asylum Act, i.e. that he would
be likely to suffer serious harm or that he has good reason to fear that he
would suffer such harm, in particular because of his political opinions”, and
concludes that “from that standpoint, articles 3 and 12 (a) of the Asylum Act,
as interpreted by the Appeal Commission, establish criteria similar to those
of article 3 of the Convention, namely, the existence of serious, concrete and
personal danger of persecution (art. 3, para. 1; cf. B. Mutombo v.
Switzerland, ...), in the determination of which all relevant considerations
must be taken into account (art. 3, para. 2), including, in particular, the
likelihood that the author's statements are true (Asylum Act, art. 12 (a))
and, where appropriate, the existence of a consistent pattern of gross,
flagrant or mass violations of human rights (art. 3, para. 2)”.
6.3
The State party also declares that “in the present case, the Appeal
Commission confirmed the decision to reject asylum on the basis of the
author's statements. It considered that the grounds invoked did not make it
possible to conclude that refugee status was highly probable in the author's
case. The Appeal Commission took the following points into account in making
its decision:
The author's statements about his political activity were not
sufficiently substantiated, since his knowledge of the political
programme of the organization in which he claims to have been active
was very sketchy in essential respects;
The circumstances in which the author claims to have resumed working
with the organization are at variance with what is known about the
practice of movements hostile to an established political regime. The
author's explanations regarding his alleged conviction following his
political activity were also considered to be at variance with the
facts;
Finally, the author's wife was unable to corroborate his statements at
the hearing before the Federal Office for Refugees.”