CAT/C/18/D/34/1995
page 2
Annex
VIEWS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22,
PARAGRAPH 7, OF THE CONVENTION AGAINST TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
- EIGHTEENTH SESSION concerning
Communication No. 34/1995
Submitted by:
Seid Mortesa Aemei
(represented by counsel)
Alleged victims:
The author and his family
State party:
Switzerland
Date of communication:
26 October 1995
The Committee against Torture, established in conformity with article 17
of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,
Meeting on 9 May 1997,
Having completed consideration of communication No. 34/1995 submitted to
the Committee against Torture under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken account of all the information communicated to it by the
author of the communication, his counsel and the State party,
Adopts the following:
Views under article 22, paragraph 7, of the Convention
1.
The author of the communication is Seid Mortesa Aemei, an Iranian
citizen, born on 1 February 1957, currently residing in Switzerland, where
he seeks asylum. He claims that his return to Iran after dismissal of his
refugee claim would constitute a violation of article 3 of the Convention by
Switzerland. He submits the communication also on behalf of his wife. He is
represented by counsel.
The facts as submitted
2.1
The author became a People's Mojahedin activist in Iran in 1979.
On 20 June 1981, after he had participated in a demonstration by the
Mojahedin, he was arrested and kept in detention for 25 days. Thereafter, he
had to abandon his university studies. In 1982, he threw a Molotov cocktail
into the house of a senior officer of the Revolutionary Committee.