CAT/C/59/D/691/2015
The facts as presented by the complainant
2.1
The complainant married her now former husband in the Islamic Republic of Iran
on 7 October 2010. As the husband was already living in Sweden, he was not present
during the ceremony and the marriage was conducted with a power of attorney. She arrived
in Sweden on 30 October 2011 and obtained a temporary residence permit. After her arrival,
her husband showed a “controlling side” and he and his sister subjected the complainant to
regular mental and physical abuse, including by beating and insulting her. They also
threatened to send her back to the Islamic Republic of Iran. On one occasion, the abuse was
so severe that she had to flee to one of her relatives in Uppsala. 1 She talked to a lawyer but
decided not to file a complaint.
2.2
In June 2013, the complainant’s husband filed for divorce but later withdrew his
application. In November 2013, he again filed for divorce without informing her. On that
occasion, the divorce was pronounced. After the divorce, the complainant’s temporary
residence permit was not renewed by the Swedish authorities.
2.3
Given the consequences of the divorce and taking into account the threats that the
complainant was still receiving from her former husband, she decided to apply for asylum
in Sweden. The day she went to the office of the National Migration Board to obtain
information on the asylum application, a lawyer was appointed to represent her. Her former
husband became extremely distressed about that and locked her in their bedroom during the
night. She was so afraid of him that the next day, she went to the police and contacted her
lawyer, who helped her to move to a women’s shelter. Her former husband then started to
send her messages saying that he loved her and wanted her back. As she did not reply, he
threatened her by telephone and through friends, indicating that he would disseminate
intimate pictures of her in the Islamic Republic of Iran and would spread the rumour that
she had close relationships with men while in Sweden. Her former husband’s family visited
her family in the Islamic Republic of Iran and said that she had dishonoured them and
would be punished.
2.4
Furthermore, the complainant claims to be a member of the Democratic Party of
Iranian Kurdistan, which the Iranian authorities consider to be a terrorist group. She
submitted two letters, dated 29 April 2014 and 15 July 2015, from the party’s office of
international relations in Europe, which indicate that she is a sympathizer of the party and
that if she was returned to the Islamic Republic of Iran, her life would be in danger. 2 She
submits that she has been a member of the party since she was 18 years old, that her two
brothers are also members of the party,3 and that they are both currently living in Denmark.
They were granted asylum there because of the threats they received from the Iranian
authorities as a consequence of their political affiliation. 4 She claims that her third brother
was killed as a result of his affiliation with the party. 5
1
2
3
4
5
2
No specific date is provided.
The Democratic Party of Iranian Kurdistan office of international relations in Europe is located in
Paris. A copy of the letters is provided.
The complainant submits a letter dated 7 June 2001 by the Democratic Party of Iranian Kurdistan
office of international relations in Europe indicating that her brother, S.S., is a sympathizer of the
party and that if he was returned to the Islamic Republic of Iran, her life would be in danger.
The complainant provides copies of the passports, driver’s licences and residence permits of her two
brothers, S.S. and K.S., in Denmark. She also provides a copy of a certificate issued by Office of the
United Nations High Commissioner for Refugees indicating that her brother S.S. was recognized as a
refugee in 2001.
The complainant provides a copy of a list of “victims of terrorism by the Iranian State” issued by the
Democratic Party of Iranian Kurdistan office of international relations in Europe, in which her brother
K.S. is listed as a martyr. She also provides photographs of his funeral.