CAT/C/35/D/258/2004
Page 5
2.6
The UNHCR Office in Karachi issued the complainant with an identity card and
referred him to Canada, which permitted him to enter Canada with his wife as a Permanent
Resident on 2 December 1988.
2.7
The complainant states that, while in Pakistan, he was actively involved in
operations on behalf of the Shah. He provides copy of four letters from the Military
Officer of the Shah, dated between 1987 and 1989, referring to his activities. The last one,
dated 24 January 1989, states the following: “We would like to congratulate yo ur landing
in Canada as a permanent resident. We appreciate your sense of duty and thank you. We
do not have any activity in Canada or any other country like Canada which would require
your services. Certainly, you would be called to a tour of duty any time we need you.” He
also provides copy of a letter dated 4 April 2005 from the Secretariat of Reza Pahlavi
stating: “Given Mr. Mostafa Dadar’s background and extended high profile political
activities, his return to Iran under existing circumstances will indeed subject him to
methods used frequently by the intolerant clerics in Iran, namely, immediate imprisonment,
torture and eventually execution”.
2.8
In Canada, the complainant was treated for severe depression, anxiety and suicidal
tendencies. He was diagnosed with chronic post-traumatic stress disorder, as a result of the
treatment to which he was subjected while in prison. The complainant is now divorced
from his wife, with whom he has two Canadian born children.
2.9
On 31 December 1996, the complainant was convicted of aggravated assault and
sentenced to 8 years in prison. The assault was upon a woman the complainant had
recently befriended and resulted in her being hospitalized in intensive care and in the
psychiatric ward for several weeks, unable to speak or walk. She sustained permanent
disability. At trial the complainant pled not guilty. He has maintained this position ever
since. He lists a number of irregularities that occurred at the trial. He says, for instance,
that the judge did not take into consideration the fact that he had been found in a sleepy
and drug induced stupor at the crime scene. He had just woken up from a drug induced
sleep having ingested a high quantity of sedatives prior to the time the assault occurred.
The New Brunswick Court of Appeal dismissed his appeal. A motion for leave to appeal to
the Supreme Court of Canada was dismissed in 1999.
2.10 The complainant indicates that, while in detention in Canada, he was offered to
meet with the Canadian Intelligence and Security Service (CSIS). After the death of Zahra
Kazemi, an Iranian-born Canadian photojournalist who died in detention in Iran in 2003,
he provided accurate information to the CSIS about her place of arrest and detention, the
kind of torture she was subjected to, the hospital where she was taken to, etc. He had
obtained such information telephonically through his sources in Iran. The complainant
provides this information as evidence of his involvement with the opposition forces in Iran.
2.11 On 30 October 2000 the Minister of Citizenship and Immigration issued a Danger
Opinion pursuant to the Immigration Act, declaring the complainant to be a danger to the
public. As a result, on 18 June 2001 he was ordered deported. On 20 August 2001, he filed
an Application for Judicial Review of the Minister’s Danger Opinion citing a breach of his
entitlement to procedural fairness among other grounds. On 5 November 2001, the
Minister consented to the application and the danger opinion was quashed. On 11 April
2002, the complaina nt was granted conditional release by the National Parole Board. On
15 May 2002, he was ordered detained by the Department of Citizenship and Immigration,