CAT/C/30/D/190/2001
page 4
2.8
Since his arrival in the Netherlands, the complainant shared accommodation with his
partner, K.H., until the latter started relationships with other men. After a fight about this
situation, the complainant killed his partner. On 22 June 1995, the complainant was convicted of
murder by the District Court Leeuwarden and sentenced to six years’ imprisonment. He was
imprisoned between 21 January 1995 and 21 January 1999. The body of K.H. was repatriated to
Iran, after intervention of the Iranian Embassy in the Netherlands.
2.9
In the meantime, on 12 September 1996, the application for review of the initial decision
denying asylum and residence permit to the complainant was rejected. The complainant
appealed this decision on 13 September 1996 before the District Court of The Hague.
2.10 Moreover, further to the crime committed by the complainant, the State Secretary of
the Department of Justice declared the complainant to be an “undesirable person”
on 10 September 1996. A request to review this decision was rejected on 6 December 1996.
The complainant made a further appeal against this decision on 24 December 1996 before the
District Court of The Hague.
2.11 On 22 December 1999, the District Court of The Hague dismissed both appeals
of 13 September 1996 and 24 December 1996.
2.12 In the meantime, on 1 October 1999, the complainant introduced a new application for
asylum which was rejected on 5 October 1999. His appeal against this decision was finally
rejected on 11 May 2001.
The complaint
3.1
The complainant claims that if he is returned to Iran, he is at risk of being subjected to
torture, and that his forcible removal to Iran would entail a violation of article 3 of the
Convention by the State party.
3.2
In support of his claim, the complainant argues that he was tortured when he was
detained in Iran in 1992. The consequences of these abuses are confirmed by a number of
medical reports submitted to the Committee. According to the medical reports, the complainant
suffers from severe post traumatic stress disorder, including a suicidal tendency, and his right
shoulder is seriously restricted in its movements because he had been hanged by one arm for
prolonged periods.
3. 3 The complainant considers that the main element supporting the risk of torture are his
homosexuality and the events that occurred in the Netherlands after his arrival. He argues that
his homosexuality was confirmed by his partner, K.H., during hearings related to his own asylum
application and by the judgement of 22 June 1995, in which the complainant was convicted of
murder.
3.4
The complainant explains that after the death of K.H., his body was repatriated to Iran
and that the Iranian authorities have undoubtedly tried to obtain explanations about the reasons
for K.H.’s death. If he were removed now to Iran, he would certainly face problems related to
the murder he committed and, particularly, his homosexuality. This would put him at risk of
again being detained and subjected to torture and other forms of ill-treatment.