CAT/C/30/D/190/2001
page 3
The facts as presented by the complainant
2.1
The complainant states that he has encountered problems in Iran on account of his
homosexuality and because of the political activities of his brother, A.A.
2.2
The complainant had difficulties with Iranian authorities since his brother was recognized
as a refugee in the Netherlands in the early eighties. He was interrogated by the Monkerat
Committee four or five times and, after each interrogation, had to sign the next convocation.
2.3
In March 1992, the complainant travelled to the Netherlands for the wedding of his
brother. When he returned to Iran, he was interrogated by the authorities about the reasons of his
trip and the activities of his brother in the Netherlands. The Iranian authorities confiscated his
passport, issued an order prohibiting him to travel abroad. He was ordered to report daily to the
passports’ office of the criminal investigation department.
2.4
In Iran, the complainant had a homosexual relationship with one K.H., whose
homosexuality allegedly was easy to recognize due to his “female” behaviour. Because of his
homosexuality, he separated from his wife, with whom he had three kids.
2.5
On 10 August 1992, the complainant was arrested in Shiraz by the Monkerat (Special
Unit of the Revolutionary Committee) on account of complaints by neighbours about his
homosexual activities. His partner was not arrested as he went into hiding. The complainant
was taken to a prison in the Lout desert and interrogated about his homosexuality and his
brother’s activities. During his detention, he allegedly was tortured, beaten with cables on the
sole of his feet, on his legs and in the face, and hanged to the ceiling by one arm during half a
day over three weeks. The complainant was later sentenced to death1 but never received a
written verdict of the sentence. After five months of detention, he succeeded to escape with the
help of prison cleaning services who hid him in the garbage truck. The escape was facilitated by
the absence of guards in the evening, the prisoners being all confined in their cell.
2.6
The complainant first went to Mashad and then to Ispahan, where some relatives resided.
From there he organized his travel to Europe. In August 1993, the complainant and his partner
travelled separately to the Netherlands. The complainant used an Iranian passport provided by
the “passeur” with his own photograph. When he arrived in the Netherlands, he destroyed the
passport as he had been told to do so.
2.7
On 16 March 1994, the complainant applied for both refugee status and residence
permit on humanitarian grounds. Both applications were rejected on 26 August 1994. On
29 August 1994, the complainant applied for a review of this decision. On 22 December 1994,
the Advice Committee on Alien Affairs advised the State Secretary of the Department of Justice
to deny asylum to the complainant but to grant him a residence permit because of his physical
and psychological condition.
1
The complainant explains that he has never received a copy of the judgement and that he was
only informed of his death sentence through a document that was pushed under his cell door and
then immediately pulled back. He is therefore not in a position to give the date of the judgement.