CAT/C/45/D/339/2008
family’s shops. He is unmarried and has no children. His mother, father and 9 brothers and
sisters all live in Iran.
2.2
In July 2002, the complainant became actively involved in a monarchist group called
“Refrondom Komite” (the Committee for Reformation on the Wall), a sub-group of the
Royalist Party. The group consisted of three persons, including the complainant. One of the
three had contact with a person from the monarchist group “Hzbe-Mashrutekhanan
Iran/Saltanat Talab” (the Royalist Party of Iran). Two or three times a week, the
complainant and his two fellow group members would hand out leaflets, write slogans and
put up posters, etc.
2.3
On 22 December 2002, while handing out leaflets, the group was surrounded and
detained by representatives from the authorities in civilian clothes. The complainant was
isolated in a cell and tortured. He was subjected, inter alia, to threats, kicks, beatings,
electric torture, cuts on both nipples, suspension of heavy objects by his genitals and water
torture. As a result of health problems caused by the torture, the complainant was
transferred to a hospital in mid-February 2003. He managed to escape from the hospital,
with the help of his father, his brother and hospital staff.
2.4
The complainant was driven to the city of Makoo where he stayed with one of his
father’s friends while his flight from Iran was being arranged. On 16-17 May 2003, the
complainant entered Turkey illegally from Iran. From there, he travelled through the
Netherlands to Denmark, where he arrived on 18 August 2003. On 19 August 2003, he
contacted Danish police and applied for asylum. He was subsequently arrested and
imprisoned until 16 December 2003. On 17 December 2003, the day after his release, he
joined the Danish branch of CPI (the Constitutional Party of Iran). From that point on, he
has been an active member of CPI Denmark. On 18 December 2003, after his release, he
was medically examined by the Danish Red Cross.
2.5
On 4 March 2004, the complainant was interviewed by the Danish Immigration
Service and was denied asylum on 17 May 2004. This decision was appealed to the
Refugee Board. On 27 September 2004, he was denied asylum by the refugee Board, who
found his statement to be untrustworthy. The Board stated in its findings that his
explanation seemed unlikely based on the available background material concerning the
level of activity of the monarchist movement in Iran, and that he had not appeared
politically well-informed.
2.6
The Refugee Board denied a request from the complainant’s attorney to stay the
proceedings while the complainant underwent a medical examination. On 30 December
2004, the medical team of Amnesty International Denmark concluded that the
complainant’s pains were consistent with the violence he stated he had been subjected to,
and that his psychological symptoms were consistent with the diagnosis of posttraumatic
stress disorder, and typical symptoms of persons who have been subjected to torture.
2.7
Based on the medical examination by Amnesty International, a request to reopen the
case was sent to the Refugee Board on 25 April 2005. The request was denied on 24
January 2006.
2.8
From 19 to 29 July 2006, the complainant participated in a hunger strike in front of
the Danish Parliament, which was widely covered by the Danish media, and on 3 August
2006 the Refugee Board stayed the removal date again. On 5 September 2006, the
complainant once again requested the reopening of his case. This was rejected on 22
December 2006, on the basis that the complainant had not been exposed to an extent that
might warrant a revised decision.
2.9
On 22 January 2007, the complainant requested the Refugee Board to reopen his
case for the last time. The request was based solely on the fact that the Refugee Board had
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