CAT/C/37/D/282/2005**
Page 3
Tonkabon. One of her responsibilities was the purchase of nursing supplies, including bones
and cadavers for teaching purposes. Sometime in late 1999, she noticed the poor quality of
bones delivered: they showed signs of fractures and it was obvious to her that the individuals
had suffered trauma before their deaths. The complainant advised M., the supplier, that she
could not use the bones, upon which she wrote a report to the Dean of the University. The
next set of bones provided were in perfect condition. Upon querying the origin of this later
set of bones, the complainant was informed by M. that the first set were taken from “anti
revolutionary groups” while the second were obtained by raiding an Armenian cemetery. The
complainant was distressed by this information and went to the Magistrate for Islamic law to
discuss the matter, which she believed was a religious one. The Magistrate advised that he
would look into the matter.
2.2 On subsequent occasions the complainant noted that the cadavers delivered were of
light skin, and on enquiry was told they had been taken from a Baha’i cemetery. She
complained again to the Magistrate, who told her that he had ordered that bodies be taken
from the Baha’i cemetery, as their religion was below Islam. The complainant argued with
him and was accused of being an anti-revolutionary. That evening, the complainant was
arrested without charge in her home and taken to a basement room belonging to the Ministry
of Intelligence and Security, where she was interrogated while blind folded. Despite her
explanations, she was accused of insulting the Islamic religion, was tortured and beaten. She
was kept in a cell and interrogated every night, still blindfolded. She was beaten with sticks
and wires, kicked, insulted and taunted. She was given electric shocks and forced to stand for
hours without sleep. The injuries on her head were particularly severe and kept bleeding, and
her toes were bruised and bloody.
2.3 After two months and because of her bleeding, she was put into a car one night after
midnight and taken for medical care. On the way, the driver stopped, got out of the car and
left it unlocked. The complainant got out of the car and climbed into the back seat of the first
car which was parked near by. She managed to tell the driver her name and address and asked
him to take her home, before she lost consciousness. The driver of the car recognized her, and
took her to Rasht where her wounds were tended to. The complainant fell in and out of
consciousness. When she recovered she was told that she was in Kermanshar and in a safe
place. Those who took care of her for several months advised her to leave Iran. They assisted
her in obtaining her passport from her family and through a smuggler she traveled to Dubai
and then to Colombia. She advised the smuggler that she did not wish to stay in Colombia
and therefore traveled to Turkey, Greece, Spain, Jamaica, Mexico and then Canada. Upon her
arrival in Canada on 10 September 2001 she made a claim for refugee status.
2.4 She was subsequently informed by relatives in Iran that the authorities were looking
for her and that they had been to her sister’s house with several summons for her arrest. They
had threatened her daughter and asked to speak to her husband. She was also informed that
the driver who was taking her from her detention place to obtain medical care had been
bribed, and was supposed to take her back to her family. As she had escaped, her family had
not known her whereabouts for a month and a half, at which time the people in Kermanshar
had contacted them. Finally, the complainant was told that the people in Kermanshar had
been paid by her family to care for her and help her to leave Iran.
2.5 The complainant’s application for refugee status on the basis of her political opinion
was rejected on 2 May 2003. On 23 May 2003, she filed an application for leave and judicial