CAT/C/53/D/489/2012
Annex
Decision of the Committee against Torture under article 22
of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
(fifty-third session)
concerning
Communication No. 489/2012
Submitted by:
Asghar Tahmuresi, represented by counsel Urs
Ebnöther
On behalf of:
Asghar Tahmuresi
State party:
Switzerland
Date of complaint:
20 January 2012 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 26 November 2014,
Having concluded its consideration of complaint No. 489/2012, submitted on behalf
of Asghar Tahmuresi under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment
1.1
The complainant is Asghar Tahmuresi, a citizen of the Islamic Republic of Iran
(hereinafter “Iran”), born on 1 March 1976. He claims that his deportation to Iran would
constitute a violation by Switzerland of article 3 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. The complainant is
represented by counsel, Urs Ebnöther.
1.2
On 26 January 2012, the Committee requested the State party, pursuant to rule 114,
paragraph 1, of its rules of procedure, not to deport the complainant to Iran while the
complaint was being considered.
The facts as submitted by the complainant
2.1
The complainant is an Iranian national from Karaj, Iran. He left his city after being
caught having relations with the wife of a mullah. Fearing persecution owing to the social
2