CAT/C/46/D/357/2008
The facts as submitted by the complainant
2.1
The complainant is an Iranian national belonging to the Kurdish minority. He claims
that, because of his activities as a member of the Communist Workers’ Party, he had to
leave his country of origin and apply for asylum in Switzerland, where he arrived on 11
July 2005.1 Shortly after he arrived in Switzerland, the complainant applied for asylum and
has become an active member of the Iranian opposition movement in Switzerland.
2.2
On 26 November 2007, the Federal Office for Migration decided not to consider the
merits of the complainant’s application. However, on 25 January 2008, an appeal lodged by
the complainant against that decision was upheld by the Federal Administrative Tribunal,
which instructed the Federal Office for Migration to consider the merits of the case.
2.3
On 25 March 2008, the Federal Office for Migration rejected the complainant’s
asylum application. An appeal against that decision was rejected by the Tribunal on 6 May
2008, as it had not been filed before the deadline.
2.4
On 3 June 2008, the complainant lodged a new asylum application on the basis of
his political activities in Switzerland. The Federal Office for Migration, in its decision of 18
June 2008, decided not to consider the merits of the application. On 14 July 2008, the
Tribunal rejected the complainant’s appeal against that decision. On 18 July 2008, the
Federal Office for Migration ordered the complainant to leave the territory of the State
party by 30 July 2008 at the latest. The complainant has been residing illegally in
Switzerland since that date.
2.5
According to the complainant, the Federal Administrative Tribunal, in its decision of
14 July 2008, wrongly considered that his activities as the cantonal representative of the
Democratic Association for Refugees (which is part of the Iranian opposition movement in
Switzerland), his regular attendance at meetings of that movement, his close contact with
the President of the Democratic Association for Refugees and his regular involvement in
radio broadcasts did not demonstrate the existence of a risk of persecution in the event of
his return to the Islamic Republic of Iran. The complainant considers that, the Tribunal has
failed to take into account the many credible reports which demonstrate that the Iranian
authorities closely monitor the Iranian diaspora and keep records on its members’ political
activities.2 He adds that, for these reasons, Iranian political activists in exile are exposed to
a real risk of arrest and torture in the event of being forcibly returned to their country of
origin. According to the complainant, a detailed report of the Swiss Refugee Council
confirms that Iranian citizens living in Switzerland who hold a position of importance
within the Democratic Association for Refugees face such a risk.
2.6
The complainant contends that he has participated in many events and meetings
organized by the Iranian opposition movement in Switzerland and that the Swiss authorities
have not disputed this fact. He also claims that numerous photographs of him at such events
have been posted on Internet sites3 and have appeared in newspapers. Furthermore, the
complainant has allegedly participated regularly in radio broadcasts in Switzerland. He
emphasizes that, as the leader of the cantonal branch of the Democratic Association for
Refugees, he holds a position of importance within the Iranian opposition movement in
Switzerland as defined in the recent jurisprudence of the Tribunal.4 For these reasons, the
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4
The initial decision of the Federal Office for Migration gives 9 July 2005 as the complainant’s date of
entry.
In support of his claim, the complainant refers to a report entitled Verfassungsschutzbericht (issued by
the German Federal Ministry of the Interior), 2007, p. 297.
The complainant mentions, as an example, the website www.k-d-panahandegan.org.
The complainant invokes decision No. D-6849/2006 of the Federal Administrative Tribunal of 26
3