CAT/C/31/D/203/2002
Page 7
contends that the complainant’s political activities in both Iran and the Netherlands have
been significant, and that in the Netherlands his name has appeared in domestic media on
several occasions; the complainant should not be expected to prove that his activities in
the Netherlands are known to the Iranian authorities.
The State party’s additional observations
6.1
By note dated 14 April 2003 the State Party provided the Committee with
additional observations. It states that there is no evidence that the complainant faces a
personal risk of torture if returned to Iran, and that his arguments are based on mere
speculation and suspicion. It reiterates that, based on the evidence, the complainant did
not play a leading role in the Fedayeen-e-Khalg, and that he did not experience
significant difficulties in Iran after 1985. It recalls that the complainant’s proceedings
before the Dutch immigration and judicial authorities have lasted 7 years, and that the
courts twice upheld the lawfulness of the relevant authority’s actions.
6.2
The State party refers to the Committee’s case law in communication no
204/2002, HKH v Sweden, 28 November 2002, where the Committee noted that, in order
for a violation of article 3 of the Convention to occur, ‘additional grounds must be
adduced to show that the individual concerned would be personally at risk.’
6.3
In relation to the authenticity of the Iranian documents, reviewed by an expert on
the complainant’s behalf, the State party notes that the documents cited by the expert bore
different dates to those tendered by the complainantand that the name of the person to
whom the documents referred had been deleted. It also submits that it took into account
the general situation in Iran in considering what personal risk might be run by the author
upon his return to Iran.
Issues before the Committee
7.1
Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22 of the
Convention. The Committee has ascertained, as it is required to do under article 22,
paragraph 5(a), of the Convention, that the same matter has not been and is not being
considered under another procedure of international investigation or settlement. The
Committee notes that the State party has not raised any objections to the admissibility of
the communication. The Committee finds therefore that no obstacles to the admissibility
of the communication exist and proceeds with the consideration of the merits of the
communication.
7.2
The Committee must determine whether the forced return of the complainant to
Iran would violate the State party’s obligations under article 3, paragraph 1 of the
Convention not to expel or return (‘refouler’) an individual to another State where there
are substantial grounds for believing that he would be in danger of being subject to
torture. In reaching its conclusion, the Committee must take into account all relevant
considerations, including the existence in the relevant State of a consistent pattern of
gross, flagrant or mass violations of human rights. However, the aim is to establish
whether the individual concerned would be at personal risk of torture in the country to
which he or she would be returned. In accordance with the Committee’s jurisprudence,
the existence of a consistent pattern of gross, flagrant or mass violation of human rights