EOIR PETITION for Fouad Velzi: http://www.petitiononline.com/mod_perl/signed.cgi?

fouad

Update: Fouad Velzi deportation order has been canceled, he has been realized and his case re-opened. 6 October 2011 To: Dear Mr. Dan Eliasson, Director-General of Swedish Migration Board, Regarding Mr. Fouad Velzi D.O.B: 01/07/1975 P.O.B: Orumiyeh - Iran Case number: 10-612382 The European Organization of Iranian Refugees (EOIR) - NORDIC desk is writing to express its strong concern over the imminent deportation of Mr. Fouad Velzi to Iran. Fouad has been arrived on November 2006 to Sweden and submitted his claim for asylum but his claim refused just because he didnt enough experiences to explain all the facts and circumstances of his situation in Iran. He was a sympathy member of KDPI and since 2006 is formal member of his party in abroad committee. After analyze his case we believe he shall be recognize as refugee under Geneva Convention/ membership of a particular social group or political opinion if his case re-opening. Because of below reasons his situation is countable especially the non-refoulement provision, Article 13 of (ICCPR), and also Article 3 ECHR and finally his removal is violation of Article 1 Obligation to respect human rights, Article 2 Right to life, Article 3 Prohibition of torture. 1) -If fouad deport to Iran he would be torture, subject to torture and kill upon return like Farzad Kamangar and other as you knew. 2) The particular circumstances of the case, even assuming that the Iranian embassy in Sweden is inform about the applicants asylum application and all his political activities. 3) the expulsion of an alien by a contracting state may give rise to an issue under Article 3, and hence engage the responsibility of that State under the Convention, where substantial grounds have been shown for believing that the person in question, if deported, would face a real risk of being subjected to treatment contrary to Article 3 in the receiving country. In these circumstances, Article 3 implies an obligation not to deport the person in question to that country (see, among other authorities, Saadi v. Italy [GC], no. 37201/06, 124-125, ECHR 2008- see, among other authorities, Hakizimana v. Sweden (dec.), no.73913/05, 27 March 2008; Bahaddar v. the Netherlands, 19 February 1998, and Sinnarajah v. Switzerland (dec.), no. 45187/99, 11 May 1999). 4) According to the UK Home Offices Country of Origin Information Report on Iran, dated 28 June 2011, that there is evidence that returned asylum seekers face significant problem upon return to Iran. 5) There are several items documenting Fouds anti-regime activities over the past years, including letters testifying to his considerable activism in anti-regime organizations, photos of him in anti-regime magazines, and photos of him at protest actions.

6) The anti-Islamic Republic activities of asylum-seeking individuals such as Foud are heavily monitoring by the Iranian government (see babak shadidi case), as can be demonstrated by documents issued by the Islamic Republics own media. As such, Fouds return to Iran by the Government of Sweden will facilitate his imprisonment, possible torture and almost inevitably his eventual death at the hands of the Islamic Republic regime. 7) As has been in the international media, the Islamic Republic has been executing people on a daily basis, sometimes several a day, and has implemented more public executions this year than in recent years in an effort to stifle dissent and terrorize the population. These executions have included known political prisoners. In fact and according statics Iran is first country of execution in the world and we believe strongly Iran is a big prison. 8) The political situation in Iran is documentable such that anyone with their own record of antiregime activism, or with family members who are active against the regime, is at very high risk of persecution, torture, and possibly execution. Given these extreme conditions inside Iran at this time, and given Foud,s lifelong record of anti-regime activities, it is clear that returning him to Iran will result at a minimum in his detention and torture by the Islamic Republic regime. Rahim Rostami's case (deported from Norway to detention in Evin Prison in Iran as a political prisoner) demonstrates that the regime is prosecuting returned political asylum-seekers on the basis of Article 7 of the Islamic Penal Code. From 19 June 2011: "According to sources Iran Human Rights (IHR) has been in contact with, Rahim Rostami has been charged with "Contact with alien countries and propaganda against the nations security."" "Mahmood Amiry-Moghaddam, the spokesperson of IHR said: The new charges against him are due to his participation in anti-government (Iranian) rallies while he was in Norway. This is evidence that the Iranian authorities monitor activities of the Iranians abroad and use it against them upon their return. (http://iranhr.net/spip.php?article2138) 9) This has primarily been accomplished that Migrationsverket by omitting from the record the fact that Mr. velzi had applied for asylum 2006, Migrationsverket thus avoided taking into consideration Mr.velzi's extensive and documented organizational activities during those intervening years. This omission of facts from the record during a legal process is a violation of Article 17 of the European Convention on Human Rights, Prohibition of Abuse of Rights. It is also a violation of Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms (Strasbourg 1984), Article 1: Procedural safeguards relating to expulsion of aliens, given that Mr. velzi was effectively not allowed to submit in full the reasons he had given against his expulsion. The European Organization of Iranian Refugees (EOIR) NORDIC desk urges Swedish authority to immediately stop deportation of Mr. Fouad Velzi, let him under a legal adviser apply for second asylum chance. Sweden government and Swedish are very good friends of Kurds in a very hard days since 1980 until now, so try to do not mottle this friendship and prestige. Sincerely, Esmail Yari, on behalf of EOIR- NORDIC TEAM nordic@eoir.eu; tel:0031657006565 Sincerely, The Undersigned