CAT/C/53/D/492/2012
(KDPI).1 On 11 November 2001, he left the Islamic Republic of Iran and fled to Iraq. On
the same day, the Pasdaran (Iranian Revolutionary Guards) searched his house and
confiscated political flyers. His father was arrested and sentenced to two years in prison. In
addition, the friend who had introduced him to the KDPI was also arrested and sentenced to
death. Later, his sentence was changed to life imprisonment. Following the release of the
complainant’s father from prison, his family was summoned by the authorities several
times. The authorities wanted to know Mr. Azizi’s whereabouts.
2.2
From 2001 to 2006, the complainant actively participated in KDPI activities in Iraq.
Owing to frictions within the party, he feared that he would be killed, and therefore decided
to leave Iraq.
2.3
On 27 November 2008, the complainant entered Switzerland illegally and requested
asylum there. On 23 November 2009, the Federal Office for Migration rejected his asylum
request. On 7 December 2009, the complainant filed an appeal against that decision with
the Swiss Federal Administrative Tribunal. On 23 December 2011, the Tribunal rejected
the appeal. By letter dated 5 January 2012, the Federal Office for Migration ordered the
complainant to leave the country by 31 January 2012.
2.4
Since his arrival in Switzerland, the complainant has been politically active in the
Swiss branch of the KDPI. He has taken part in various demonstrations and published
articles on the Internet. His name appears on four permits issued by the Zurich city police
for KDPI political campaigns in Zurich, as he was part of the organizing committee for the
events. He has also acted as president of the regional executive committee of the KDPI in
Switzerland for the cantons of Zurich, Saint Gallen, Schaffhausen and Thurgau.
2.5
During his stay in Switzerland, the complainant became interested in Christianity.
He has been in close contact with the Protestant church in Turbenthal, Switzerland. He has
converted to Christianity and was baptized on 31 January 2010.
2.6
The Swiss Federal Administrative Tribunal is the highest national authority in
asylum matters. Therefore, the complainant submits that he has exhausted all domestic
remedies.
The complaint
3.1
The complainant claims that his forcible return to the Islamic Republic of Iran would
constitute a breach by Switzerland of article 3 of the Convention.
3.2
He submits that he would face a real risk of being subjected to treatment contrary to
the Convention if he were deported to the Islamic Republic of Iran, for the following
reasons:
(a)
The general human rights situation in the Islamic Republic of Iran has
become worse since the presidential election in June 2009. Respect for basic human rights
in the Islamic Republic of Iran has continued to deteriorate and the Government shows no
tolerance for peaceful protests or gatherings, routinely detaining participants and subjecting
them to torture;2
1
2
The Kurdish Democratic Party of Iran is the oldest Kurdish opposition group in the Islamic Republic
of Iran.
The author refers to the World Report 2010 published by Human Rights Watch, which states that
“both ordinary protestors and prominent opposition figures faced detention without trial, harsh
treatment including sexual violence and denial of due process including lack of access to lawyers of
their choosing”, p. 495.
3