For the future, deportations in such cases as these are now mandated by a new law. Late last year, the Swiss voted in a referendum 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.” But the Iranian was convicted of the drug charges before that law was approved.
The court said, “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 also pointed out that the man had traveled to Iran once alone and twice with his Swiss partner without any repercussions.
In fact, two of the three visits were made after 2005. Therefore, the court argued, the man’s claim that the situation for homosexuals has worsened since Iranian President Ahmadi-nejad took power did not hold water.
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 he was convicted 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.
Reacting to the case, Amnesty International said: “It is not acceptable for the court to state that if he conceals his homosexuality, he will not have any problems.”
It said, “A person cannot be expected or required by the state to change or conceal his or her identity in order to avoid prosecution. Swiss authorities must give the applicant the benefit of the doubt in all cases, not least where the stakes are life and death.”