Iran

Although Iran is viewed as a fairly stable country, severe violations against human rights in the form of discrimination, imprisonment, torture and execution take place. According to Amnesty International, the authorities suppress the rights to freedom of expression, association and peaceful assembly as well as freedom of religion and belief. Speaking out can lead to impris- onment, while trials are often systematically unfair. Violence is often exercised based on gen- der, religious belief, ethnicity, political opinion, gender identity and sexual orientation.

Political activities against the regime from abroad: BVGer requires an individual assessment. Refugee status (with F!) shall only be granted if the person concerned is clearly visible before the general mass of people who are critical towards the regime. In particular for members of the Swiss association «Demokratische Vereinigung für Flüchtlinge» (DVF), the court assumes that such activities only take place in order to establish grounds for asylum and are therefore not of relevance. BVGer admits that the Iranian government does monitor online activities and such activities may entail suppression for family members in Iran or upon return of the person concerned. In a later decision, it also admits that the Iranian government might not distinguish between «fake» political activities and actual ones, which is why each case has to be assessed individually. Exile political activities are often only relevant when the activities concern more than only the participation in protests and the person could be perceived as a real threat to the regime.

Conversion to Christianity may be a ground for asylum. In these constellations, the question of credibility is crucial. According to a decision of the BVGer in July 2009, the risk of persecution exists mainly when the person tries to convince others to convert (missionary activities) and is involved in other activities that might be perceived as a potential threat by the regime.

Persons who have been active for the MKO might receive an F foreigner, even if their rank in the organization was low, as they could be targeted when returning to Iran.

Homosexuality: Homosexuality (Farsi: Lavat) is punished with death in Iran. Therefore, homo- sexuals generally do get B, subject to credibility though. Moreover, under certain conditions Switzerland requires homosexuals to live their sexuality “tacitly”, which is highly disputed.

Kurds: Kurds who can be linked to the KDP-I or KDPI (also those who are staying in Northern Iraq) are in great danger of being persecuted. The sentence ranges from imprisonment to the death penalty. In the Kurdish areas, civil activists and journalists are often accused of being part of the KDPI/KDP-I although they have no connection to those organizations.

Forced returns to Iran are currently not possible. Practical advice:

As the political situation in Iran is regarded as rather stable, it is of utmost importance to present the personal reasons for flight as detailed as possible.

Negative decisions are often made because the political profile is not seen as relevant enough. Taking part in demonstrations, conscientious objection or the illegal departure of the country are not seen as enough proof that a person is in danger of being

persecuted by the regime. Discuss the political profile with the client thoroughly. Evi- dence in the form of pictures, texts or videos might help the case.