CAT/C/47/D/381/2009 are substantial grounds for believing that he or she would be in danger of being subjected to torture. 9.2 In assessing whether there are substantial grounds for believing that the complainant would be in danger of being subjected to torture if returned to the Islamic Republic of Iran, the Committee must take account of all relevant considerations, including the existence of a consistent pattern of gross, flagrant or mass violations of human rights in the Islamic Republic of Iran. However, the aim of such an analysis is to determine whether the complainant runs a personal risk of being subjected to torture in the country to which he would be returned. 9.3 The Committee recalls its general comment on the implementation of article 3 of the Convention, which states that the risk of torture must be assessed on grounds that go beyond mere theory or suspicion. Although the risk does not have to meet the test of being highly probable, the Committee recalls that the burden of proof normally falls to the complainant, who must present an arguable case establishing that he runs a “foreseeable, real and personal” risk.18 Furthermore, in its general comment the Committee states that it must also determine whether the complainant has engaged in political activity within or outside the State concerned that would appear to make him particularly vulnerable to the risk of being subjected to torture.19 The Committee also recalls that, while it gives considerable weight to the findings of fact of the State party’s bodies, it is entitled freely to assess the facts of each case, taking into account the circumstances. 9.4 Referring to its recent jurisprudence,20 the Committee recalls that the human rights situation in the Islamic Republic of Iran is extremely worrisome, particularly since the elections held in the country in June 2009. The Committee has seen many reports describing, in particular, the repression and arbitrary detention of many reformers, students, journalists and human rights defenders, some of whom have been detained in secret and others sentenced to death and executed.21 The State party itself has recognized that the human rights situation in Iran is worrisome on many levels. 9.5 The Committee notes that the complainant arrived in Switzerland in 2000. Since 2005, he has been active in the Democratic Association for Refugees, of which he is the representative for the Canton of Obwald. He has written articles that are critical of the 18 19 20 21 GE.12-40167 See general comment No. 1 of the Committee, footnote 8 above, and communication No. 203/2002, A.R. v. The Netherlands, decision adopted on 21 November 2003, para. 7.3. See general comment No. 1, ibid., para. 8 (e). See communication No. 357/2008, Jahani v. Switzerland, decision adopted on 23 May 2011, para. 9.4. For example, on 7 July 2009, six special procedures mandate holders of the Human Rights Council (arbitrary detention; extrajudicial, summary or arbitrary executions; right to freedom of opinion and expression; torture and other cruel, inhuman or degrading treatment or punishment; situation of human rights defenders; and enforced or involuntary disappearances) expressed their concern regarding the protests linked to the Iranian presidential elections of 2009, following which at least 20 people were killed and hundreds of others seriously injured in clashes with security forces, who allegedly used live ammunition and rubber bullets. The same experts have also expressed their concern about reports of arrests and detention without charge and ill-treatment of detainees. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=8383&LangID=E; see also the documents prepared by OHCHR for the universal periodic review in respect of Iran: A/HRC/WG.6/7/IRN/2 (25 November 2009), e.g. paras. 28, 31 and 56; and A/HRC/WG.6/7/IRN/3 (30 November 2009), paras. 28–29. See also the statement made by the High Commissioner for Human Rights on 2 February 2011 on the execution of at least 66 persons in the month of January 2011, including at least 3 political prisoners (http://www.ohchr.org/en/ NewsEvents/Pages/DisplayNews.aspx?NewsID=10698&LangID=E). 9