CAT/C/47/D/381/2009 Factual backgrounds 2.1 The complainant and his family are Iranian nationals and claim to have left the Islamic Republic of Iran for political reasons.2 Upon his arrival in Switzerland, the complainant submitted an application for asylum on 3 September 2000, which was turned down by Federal Office for Refugees (now the Federal Office for Migration) on 19 April 2002. An appeal against that decision was rejected by the Swiss Asylum Appeals Commission (now part of the Federal Administrative Tribunal) on 15 June 2004. The complainant’s wife, Mitra Pishan, filed an initial asylum application on her own behalf and on that of their son, Amin, on 20 March 2003.3 The application was rejected on 18 March 2004 by the Federal Office for Refugees and that decision was upheld by the Swiss Asylum Appeals Commission on 15 June 2004. On 6 April 2005, the complainant requested that the decisions of the Federal Office for Refugees of 19 April 2002 and 18 March 2004 be reconsidered. That appeal was turned down by the Federal Office for Migration on 10 August 2005. 2.2 The complainant argues that, since October 2005, he has been a member of the Democratic Association for Refugees, an Iranian migrant organization that he claims is highly critical of the present regime in the Islamic Republic of Iran and attempts to raise awareness of the woeful human rights situation there, including the issue of the death penalty and the prevailing climate of discrimination against and repression of members of the opposition and minorities. 2.3 In April 2007, the complainant was elected representative for the Canton of Obwald by the executive committee of the Democratic Association for Refugees. In that capacity, he has written articles denouncing the present regime in the Islamic Republic of Iran, which have appeared in the association’s publications, and been involved in events organized by NGOs and local churches in his canton in order to alert the public to the human rights violations committed in the Islamic Republic of Iran. The complainant takes part in meetings of the association’s leaders at the cantonal level and contributes to the strategic planning of its activities. He works closely with the association’s executive committee, directors and deputy director. 2.4 On the basis of his political activities in Switzerland, on 24 July 2006 the complainant submitted a new asylum application, which was rejected by the Federal Office for Migration on 4 October 2007. The court ruled that given the complainant’s political profile and level of activities, he was unlikely to attract the attention of the Iranian authorities. On appeal, that decision was upheld by the Federal Administrative Tribunal on 19 March 2009. The Tribunal argued that the Iranian secret service kept a close watch only on the activities of persons whose role went beyond low-profile political protests of exiles, and that the Iranian authorities were aware that asylum-seekers did all they could to highlight their activities in order to secure residence permits in the host country. According to the Tribunal, the complainant had not done enough to bring himself to the attention of the Iranian authorities. Mere identifiability did not constitute a risk of persecution and only those of the regime’s opponents who, by dint of their personality, represented a real threat to the regime were kept under surveillance and on file. The Tribunal considered that the close and regular contacts maintained by the complainant with cantonal and national leaders of the Democratic Association for Refugees amounted to little more than the association’s internal activities that did not raise his profile above that of any ordinary member. As a result, the Tribunal considered that such activities did not expose him to any 2 3 GE.12-40167 There is no further mention in the file of “the political reasons” behind the departure from the Islamic Republic of Iran of the complainant and his family. The State party maintains that the application was made on 20 February 2003. 3

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