Switzerland Intends To Deport Man Convicted Of Trafficking Heroin Despite Man’s Plea He Will Face Certain Persecution For Homosexuality; Court Counters That Homosexuality In Iran “Tolerated By Authorities When It Is Not Done Openly” And “In An Offensive Manner”

The AFP reports that Switzerland is prepared to deport an Iranian man convicted of heroin trafficking, despite the man’s insistence that he will likely face persecution for being homosexual. The Federal Administrative Tribunal threw out the 35 year old man’s argument, saying in its decision made public Monday that “at the moment there is no known case from Iran in which someone has been convicted due to his sexual orientation.” The court continued that as far as Swiss authorities understand, “homosexuality is not uncommon in Iranian society and systematic discrimination is not detectable. In practice, homosexuality is tolerated by the authorities when it is not done openly in view in an offensive manner.” The court added that the man had travelled once alone and twice with his Swiss partner to Iran without any repercussions, two of three visits made after 2005, after President Ahmadinejad took power, therefore undermining the man’s argument that the situation for homosexuals has worsened since Ahmadinejad took control of the country. Amnesty International was quick to condemn the court ruling, saying “It is not acceptable for the court to state that if he conceals his homosexuality he will not have any problems,” and added that “a person cannot be expected or required by the state to change or conceal his or her identity in order to avoid persecution. Swiss authorities must give the applicant the benefit of the doubt in all cases, not least where the stakes are life and death.” The man first arrived in Switzerland to seek asylum in December 2000. His application was rejected twice, but he obtained a short-term residence permit in December 2004 due to a civil union pact with his Swiss partner. However, after a conviction for trafficking 70 grams of heroin, his attempt at renewing his residence permit was rejected in December 2007. He then went to court to get the decision on his residency overturned, arguing that homosexuals can be severely punished in Iran and could risk their lives. In 2010, Swiss citizens voted to automatically expel foreign residents convicted of certain crimes, including "rape, serious sexual offence, acts of violence such as robbery," drug trafficking and "abuse of social aid."