CAT/C/31/D/203/2002 Page 6 4.6 In relation to his activities in May 1994, the State party notes that the complainant provided no concrete evidence that any of his fellow group members were arrested. Similarly, there is no objective evidence attesting to the complainant’s father being arrested – the only evidence comes from family sources. 4.7 The State party contends that the complainant’s political activities in the Netherlands do not place him at any personal risk of being tortured upon return to Iran, because there is neither any claim nor any evidence that the Iranian authorities are aware of his activities in the Netherlands. 4.8 Finally, the State party denies that the complainant was not given sufficient opportunity to tell his story during his first asylum application. His second application simply contained a more detailed account of events, not a different account. In any event new material, such as the documents produced by the complainant, were properly investigated and considered by the authorities. In this regard, the Iranian documents were found to be inauthentic, on the basis that they did not conform to standard formatting practices for such documents in Iran. 4.9 In the State party’s opinion, there is no basis for believing that the complainant runs a foreseeable, real and personal risk of being subjected to torture upon his return to Iran, and that the expulsion of the author from the Netherlands to Iran would not violate article 3 of the Convention. The complainant’s comments on the State party’s observations 5.1 In his comments on the State party’s observations, dated 2 January 2003, the complainant states that neither of his applications was reviewed by the Advisory Committee referred to in the State party’s observations. To him, the tone of the government’s 2001 country report on Iran was not similar to those of previous years, but was in fact very negative. He rejects the relevance of the State party not having any record of recent convictions of Fedayeen members, and submits that it should not be concluded from this that those involved in Fedayeen activities do not risk serious consequences. He states that the activities of the group are illegal in Iran, and are therefore difficult to detect and prosecute. 5.2 The complainant reiterates that he did experience problems between 1985 and 1994, and that this constitutes evidence that the Iranian authorities continue to view him with suspicion. 5.3 The complainant’s response is accompanied by a letter of support from Amnesty International. This sets out details about the Iranian penal code, the consequence of carrying out activities for banned opposition organizations, and details of the alleged deficiencies in the administration of justice in Iran. It cites examples of executions and torture of members of opposition political movements in Iran in recent years, although no recent cases of Fedayeen members being subjected to this treatment. The letter emphasizes that the complainant’s release from prison in 1985 was conditional on him not engaging in further political activity, and that he was told he would receive the death penalty if he did not comply. It further states that the Iranian documents tendered by the complainant, and which were not considered authentic by the State party, were reviewed by an expert on Iranian legal documents, who attested to their authenticity. It also

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