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1.1 The petitioner is B.S., an Iranian national, currently residing in Vancouver, Canada. He
claims that his removal to the Islamic Republic of Iran would entail a violation of article 3 of
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment by Canada. He is represented by counsel.
1.2 In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
communication to the attention of the State party on 21 July 2000. At the same time, acting
under rule 108, paragraph 9, of its rules of procedure, the Committee requested the State party
not to expel the petitioner to the Islamic Republic of Iran while his communication was being
considered. The State party acceded to this request.
The facts as submitted by the petitioner
2.1 On 2 August 1990, the petitioner arrived in Canada. He was granted refugee status by
decision of the Immigration and Refugee Board on 11 January 1996.
2.2 Since 1992, the petitioner was convicted of various criminal offences, including theft,
uttering threats, assault, will to cause personal injury, false pretences, sexual assault,
obstructing a peace officer and altering a forged document. Restraining orders were issued
against the petitioner in 1997 and 1998. On 15 January 1999, the Minister of Citizenship and
Immigration's delegate issued an opinion pursuant to sections 70 (5) and 53 (1) of the
Immigration Act that the petitioner constitutes a danger to the public in Canada due to the
number and nature of criminal convictions acquired by the applicant in Canada since 1992. A
deportation order was issued against the petitioner on 1 March 1999.
2.3 On 15 April 1999, the petitioner filed an application for leave and judicial review of the
decision to remove him to Iran. The Federal Court dismissed the application on 12 July 2000.
The Federal Court had denied his application for leave and for judicial review of the decision
that he constituted a danger to the public on 14 July 1999. Counsel submits that all effective
domestic remedies have been exhausted and that the petitioner expects his deportation any
time.
2.4 The petitioner alleges that he fled persecution in Iran in July 1990. He submits that, in
early 1985, while in high school, he had been arrested and questioned by Revolutionary
Guards about his participation in political discussions. The Petitioner was held for eight days
during which he was beaten, punched, kicked, and tortured. In September 1984, the
petitioner's family home was raided by Revolutionary Guards after siblings left Iran because of
perceived involvement with the pro-monarchist movement. The petitioner alleges that he was
held for 18 days and that his sister, his mother, and he himself were beaten. In January 1985,
while serving in the military, the petitioner was suspected of political activity and detained and
questioned by an officer of the Ideological/Religious Department of the Army for two days.
The petitioner submits that he was forced to witness the execution of six soldiers convicted of
opposing the regime and its war efforts. In April 1985, the petitioner was wounded by a
grenade and released from the army, after treatment in a military hospital, in February 1986. In
October 1989, the petitioner was arrested by Revolutionary Guards, handcuffed and taken to
the offices of the branch of police that deals with anti-revolutionary offences (Komiteh), where
he was allegedly beaten and held for one month. In March and April 1990, the Komiteh again
detained the petitioner for 24 hours each time. After the second arrest, the petitioner was
ordered to report daily to the Komiteh office. The petitioner submits that every time he
reported to the office, he was afraid that the police officers would kill or torture him. After
four or five days, the petitioner fled to Bandar Abbas, obtained a false passport and fled Iran
by plane. In 1993 a summons was published in the Iranian newspaper Khabar indicating that
the petitioner had been charged with escape and was requested to report to the Investigation
Branch of the General Prosecutor's Office in Shiraz.
http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/c2824cc1fc644768c1256c62005... 26.02.2008