CAT/C/37/D/251/2004
page 3
through its support for the People’s Mujahedin. In 1990, he and his cousin, as members of a
family of political prisoners, conferred with the representative of the United Nations
Commission on Human Rights during that representative’s visit to the Islamic Republic of Iran.
In April/May 1991, the complainant was detained for distributing tracts. He then spent two years
in prison, where he was handcuffed and blindfolded and was “ill-treated with a razor blade”.1
His cousin was assassinated by the regime in place at the time.
2.2
The applicant states that, in 1993, he left prison and then performed his compulsory
military service, until 1995. However, the Revolutionary Courts continued to harass him and
summoned him on several occasions because of political activities conducted by members of his
family. He adds that, during his military service, he was assigned to the political ideology
section.
2.3
According to the complainant, on 15 February 1996, he obtained a passport and, a few
days later, went to the border crossing of Sero with a view to entering Turkey. In the course of
the customs formalities, the officials informed him that there were certain irregularities in his
passport and that he was forbidden to leave the country.
2.4
The complainant thereupon returned to Tehran and, in early April 1996, was summoned
to appear before the Revolutionary Court, where he was questioned about his military service,
the reasons for his attempted departure from the country, his background and the members of his
family.
2.5
On 21 May 1996, in response to a further summons from this Court, he was sentenced to
six months’ imprisonment, suspended for two years, 60 lashes and posting of a property bond for
a three-year period.
2.6
On 17 July 1996, he made a third appearance in court, accompanied by his father, who
had to furnish security. After this third hearing, the author was sentenced to three months’
imprisonment and 60 lashes, as well as payment of a fine. His father had to testify in writing that
he was not involved in any political activity in order to avoid his house being confiscated. The
complainant was subsequently placed under close surveillance, with the authorities constantly
attempting to pin new offences on him.
2.7
On 30 September 1999, the complainant left his country hidden in a container aboard a
truck. He arrived in Switzerland in July 2000, and there joined other Iranian citizens struggling
against the regime currently in power in the Islamic Republic of Iran. He participated in
demonstrations organized by Iranian refugees. These activities in Switzerland were known to
the Iranian authorities.
1
According to a medical report by the Cantonal Psychiatric Service (KPD) of Basle,
dated 1 July 2004, the author “suffered from a dissociative, trance-like condition, as a result of
being subjected to sexual abuse during childhood, exacerbated by the fact that he had been
ill-treated and had spent two years in prison”. The report found that the author was severely
traumatized and that his expulsion would entail a behavioural risk.