CAT/C/23/D/107/1998 page 6 produce a false document. The author asked his father to send him evidence, not to forge a document. He does not know how his father obtained the document but there is nothing to indicate that the document is a forgery. In a telephone conversation on 23 December 1996, the father told counsel that he had had to go to the police station several times in order to obtain the document. 5.2 As for the argument that the author was unlikely to place himself at risk again, counsel claims that many Kurds in Turkey are suspected by the police of collaborating with the PKK, in spite of which they continue to work for the organization. 5.3 As for the argument that the author’s father should have been prosecuted, counsel says that the father is a sick old man who does not belong to the sector of the population that normally joins the guerrilla movement, i.e. the younger generation. The author, however, clearly informed the Swiss authorities that his father had been held in police custody for one week, during which time he was questioned two or three times about his whereabouts. 5.4 Counsel considers that it is not realistic to ask the author to provide a copy of his cousin’s criminal record. The author left Turkey shortly after his cousin’s arrest and does not know whether his cousin had a lawyer. Only a lawyer would have been in a position to provide such documents, since his cousin’s wife, children and mother left the country and the author has no contact with them. Counsel says that the Swiss authorities should have been able to obtain that kind of document. 5.5 Counsel adds that the PKK member who contacted him and his father and asked them to make the shoes knew through the author’s cousin that the author and his father were PKK sympathizers, so that he did not run the kind of risk referred to by the State party. Issues and proceedings before the Committee 6.1 Before considering any claims contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. The Committee also notes that all domestic remedies have been exhausted and that the State party has not contested the admissibility of the communication. It therefore considers that the communication is admissible. Since both the State party and the author’s counsel have provided observations on the merits of the communication, the Committee proceeds with the consideration of those merits. 6.2 The issue before the Committee is whether the forced return of the author is Turkey would violate the obligation of Switzerland under article 3 of the Convention not to expel or to return a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents