initial information given by the Turkish lawyer to the embassy was based on a
misunderstanding.
2.10 Author’s counsel, by memorandum dated 25 May 1994, contested these
findings, and transmitted a copy of a letter, dated 4 May 1994, from the member
of parliament, which confirmed his meeting with the author in the summer of
1990. On 18 October 1994, the author informed the Office of the destruction of
his native village in the province of Tunceli following political unrest, and of
his brother’s arrest.
2.11 On 27 October 1994, the Appeal Commission rejected the author’s appeal;
the author was ordered to leave Switzerland before 15 February 1995. The
Commission considered that the author’s imprisonment and subsequent internal
exile were credible, but that the more recent political activities and arrests
were not. It considered that, if the author feared difficulties in Izmir
because of the local police, he could go to another part of the country.
2.12 As regards the author’s argument that a return to Turkey would expose him
to maltreatment and torture, the Appeal Commission found that by reference to
the general situation in Turkey, the author’s Kurdish background and origin, no
special, individual and concrete risk had been shown to preclude the author’s
return. It considered that, since many Kurds lived peacefully in central and
west Turkey, there was no reason why the author could not return to his country.
The complaint
3.1 Counsel argues that Turkey is among the countries where torture is
systematically being practised and human rights systematically being violated.
In this context, counsel refers to the Committee’s report of November 1993, and
to Amnesty International reports. It is stated that since the publication of
the Committee’s report, the situation has not improved and that several
detainees have died of torture. Others have disappeared or become victim of
arbitrary execution. According to counsel, many of the persons affected have in
the past supported the Kurdish cause.
3.2 As regards the author’s personal situation, counsel submits that the fact
that the author is a Kurd, that he originates from Tunceli, a province with a
strong PKK presence where repression is heavy, that he is and continues to be a
sympathizer of the illegal KAWA, that he has a criminal record in Turkey for
having committed political crimes, that he has already been tortured in his
country, and that he has been put under pressure to become an informer,
indicates that he belongs to several target groups of Turkish repression. If
the author crosses the border, he would certainly be arrested because he is not
in possession of a passport or a valid identity card.
3.3 It is further stated that cities in Turkey keep a registry of all Kurds who
take up residence within their borders, in order to facilitate investigations
into their political activities, and that razzias are regularly held in Kurdish
neighbourhoods. The author thus runs a real risk of being arrested and
consequently tortured.
State party’s observations
4.
On 10 February 1995, the Committee, through its Special Rapporteur,
transmitted the communication to the State party for comments and requested the
State party not to expel the author while his communication was under
consideration by the Committee.
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