CAT/C/65/D/822/2017 permit. Therefore, in the absence of political activities in the Islamic Republic of Iran, the State Secretariat for Migration doubted the complainant’s political commitment. It also doubted that the Iranian authorities were able to monitor the vast amount of data available on the Internet; they would focus only on opponents who, contrary to the complainant, held a firm belief and as such were perceived as opponents who posed a serious threat to the State. The State Secretariat for Migration did not find any specific indications to suggest that the Iranian authorities were aware of the complainant’s alleged activities, and concluded that the complainant was not portraying the necessary political profile to attract the attention of the Iranian authorities. 2.7 The complainant appealed, insisting that he had been persecuted in the Islamic Republic of Iran for having participated in a demonstration. He had become an active member of the Democratic Association for Refugees in September 2011, before the end of his first asylum proceedings, and his commitment had only increased progressively. He considered that the assessment by the State Secretariat for Migration amounted to a generalization, because he now occupied a function with different responsibilities and exhibited a clear political profile. Several Iranians had been granted refugee status based only on their activities in exile. Had the State Secretariat for Migration really considered the substance of the complainant’s statements and granted him a fair hearing, it would have noted his pathos and intricacy when criticizing the Iranian regime. 2.8 On 23 February 2017, the Federal Administrative Court upheld the decision of the State Secretariat for Migration. It found that the complainant’s allegations of having been persecuted in the Islamic Republic of Iran following his participation in a demonstration were not credible; that his position as the main person responsible for the website of the Democratic Association for Refugees did not seem to differ substantially from the work that he had performed previously as a simple member of the team; that he did not have the authority to make important decisions within the association; that his position as a news anchor did not constitute evidence of an intensification of his political profile; that reading the news did not qualify as exposed political activism; that his Facebook activity represented generally formulated dissident posts that were limited to accounts of events or denouncements of abuses in the Islamic Republic of Iran; and that the photographs showing him taking part in a demonstration did not portray him as a serious opponent to the Government of the Islamic Republic of Iran. The Court concluded that the complainant had not reached the level of exposure necessary to put him at risk of persecution in the Islamic Republic of Iran as a serious and dangerous opponent to the Government. 2.9 In a letter dated 19 April 2017 to the Committee, the Democratic Association for Refugees certified that the complainant had been an active member since September 2011 and a hostile opponent to the Iranian regime. Given his involvement with the association, he would be exposed to a high probability of persecution if returned to the Islamic Republic of Iran. The complaint 3.1 The complainant maintains that he is the victim of a violation of article 3 of the Convention by the State party, whose authorities have ordered his expulsion to a country where he will certainly be at risk of being subjected to treatment contrary to the Convention. 3.2 The complainant refers to the threat of serious harm faced by those who maintain even a low-profile opposition to the Iranian regime. 5 In its judgments in R.C. v. Sweden and M.A. v. Switzerland, the European Court of Human Rights noted that anyone who demonstrated or in any way opposed the current Iranian regime could be at risk of being detained and ill-treated or tortured. 6 The Committee stated in Tahmuresi v. Switzerland (CAT/C/53/D/489/2012) that recent reports indicated that even low-level opposition was closely monitored in the Islamic Republic of Iran and that the Iranian authorities effectively monitored Internet communications and regime critics both within and outside the country 5 6 Human Rights Watch, World Report 2010, pp. 497 ff. European Court of Human Rights, R.C. v. Sweden (application No. 41827/07), judgment of 9 March 2010, para. 54; and European Court of Human Rights, M.A. v. Switzerland (application No. 52589/13), judgment of 18 November 2014, para. 56. 3

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