CCPR/C/114/D/2329/2014
The facts as submitted by the author
2.1
The author is of Kurdish ethnicity and of Sunni Muslim faith. He claims that he was
born in Iraq, presumably in a refugee camp, but he is an Iranian national. His family moved
back to the Islamic Republic of Iran when he was 1 or 2 years old. The author had gone to
school for 13 years, and he was attending a one-year preparatory university course.
2.2
The author submits that he has been an active sympathizer of the Kurdish
Democratic Party of Iran since 2008, a party which is considered illegal in the Islamic
Republic of Iran since its objective is to create an independent Kurdish state, and that he
had been encouraged to participate in its activities by two close friends. In that connection,
he claims that he distributed flyers twice between August and November 2008.
2.3
The author claims that he was supposed to hand out flyers for the third time, along
with his two friends, on 24 or 25 November 2008. The night before, the author read a single
flyer while he was doing his homework; as he was tired he just folded the flyer up and put it
into his biology book. The next day he went to school carrying 70 to 80 flyers in a secret
pocket of a bag, to be distributed in the evening, as planned with his friends. At a certain
moment, he left the classroom to get some air, as he was feeling ill. He also claims that,
while he was outside, he heard people shouting and screaming in the room; that he could
not understand much of what was being said, but he was able to catch the word “flyer”; and
that a friend then called him on the telephone and told him that somebody had found the
flyer in his book and that he should leave the school immediately. After leaving the school,
he went underground. The author alleges that some of his teachers and classmates belonged
to or collaborated with the Basij, a Shia Muslim organization, which supports the central
administration, and says that he presumes that a Basij collaborator had found the flyer. The
author also alleges that his brother informed him later that, on the same day, the police and
the intelligence service searched his family house and his father and older brother had to
sign a written declaration stating that they would inform the authorities of the author’s
whereabouts.
2.4
Subsequently, the author travelled via Sapola Zahab and Orumieh to Salmas. From
Salmas, his father and brother helped him to flee illegally from the Islamic Republic of
Iran, by paying someone to take him to Stockholm. The author maintains that he left the
Islamic Republic of Iran via Turkey hidden in a truck, in a compartment. On his way, he
travelled in three or four different trucks. He only realized that he was in Denmark, and not
Sweden, when he was dropped off at Copenhagen Central Station.
2.5
On 14 December 2008, the author entered Denmark, without valid travel
documents, and applied for asylum. During the asylum proceedings, he claimed, inter alia,
that he feared being imprisoned and tortured by the Iranian authorities if he were to be
returned to the Islamic Republic of Iran, as he was a Kurdish Democratic Party of Iran
sympathizer and had worked for the party by distributing flyers, which had been discovered
by his teacher and classmates who were allegedly Basij collaborators.
2.6
On 9 September 2009, the Danish Immigration Service rejected the author’s
application for asylum, pursuant to section 7 of the Aliens Act. The author appealed the
decision before the country’s Refugee Appeals Board.
2.7
On 9 November 2009, the Refugee Appeals Board upheld the refusal of the author’s
asylum application by the Danish Immigration Service. The Board took note of the author’s
accounts — provided in the interview reports of 27 January and 27 August 2009 that had
been prepared by the police and the Danish Immigration Service respectively, his asylum
application form of 16 February 2009, and his statements at the hearing held by the Board,
and concluded that:
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