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pecuniary and non-pecuniary damages as a result of any crime as well as other injurious acts.
Judicial assistance is provided for those who are in need. The administrative authorities are also
liable for any negligence which may be attributed in such instances and can be sued for
compensation.
Observations
263.
The Special Rapporteur is grateful for the Government’s detailed response.
United Kingdom
Urgent appeal sent on 19 July 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention, and the Special Rapporteur on the question of
torture
264. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding Ms. Samar Hoseyn Razavi, a 30 year-old national of
the Islamic Republic of Iran, who used to reside in Bournemouth. According to the information
received, Ms. Razavi converted from Islam to Christianity before leaving the Islamic Republic of
Iran. Her asylum application in the United Kingdom of Great Britain and Northern Ireland was
subsequently rejected. At the most recent Court of Appeal hearing on 17 May 2007 the Lord
Justices found that Ms. Razavi’s case did not reach the threshold of being at a real risk of
persecution on return to the Islamic Republic of Iran and dismissed her appeal.
265. However, Ms. Razavi claimed that she was the subject of a death warrant for apostasy in
her home country. According to verdict no. 96/19/181 of the Iranian Islamic Revolutionary Court
no. 19, confirmed by case no. 1296 of the Judiciary High Constitutional Court, she was an
apostate who deserves to be stoned to death. On 21 May 2007, the Islamic Revolutionary Court
no. 9 declared this verdict to be enforceable within ten days.
266. Ms. Razavi is currently detained at an Immigration Removal Centre near Heathrow
Airport, London, and is at risk of imminent forcible return to the Islamic Republic of Iran. In
view of the threats related to her conversion, concern is expressed that her life and her physical
integrity may be at risk should she be returned to the Islamic Republic of Iran.
Response from the Government
267. The Government first set out the chronology of Ms. Razavi’s immigration case. Ms.
Razavi applied for asylum on 28 January 2004, but her application was refused. Her most recent
appeal, to the Court of Appeal, was dismissed on 17 May 2007. At this appeal, the Court found
that Ms. Razavi’s circumstances were below the required threshold to constitute being at a real
risk of persecution on to Iran. Ms. Razavi was detained on 10 July 2007 with a view to effecting
her removal from the United Kingdom.
268. The Government pointed out that the basis of Ms. Razavi’s asylum claim was that she
was caught having an affair with a Christian man by her husband and that she feared ill-treatment
as a result. No part of her original asylum claim was based upon her religion. In his decision of
14 June 2004 on her appeal the Adjudicator found that while Ms. Razavi has expressed an