CAT/C/38/D/281/2005** Page 8 necessity for States to ensure, on the basis of national legislation and international instruments, punishment for serious offences, such as the unlawful seizure of aircraft, the taking of hostages and murder”. The term “such as” indicates that the list of crimes is not exhaustive, and that the 1980 list is obsolete as it does not contains serious crimes recognised by the international community since then (for example terrorism). Azeri courts correctly concluded that Ms. Pelit’s acts qualified as serious crimes under paragraph 1 F (b) of the Refugee Convention. Therefore, the principle of non-refoulement does not apply in her case. 7.10 The State party recalls that the overall situation of human rights in Turkey does not permit the belief that individuals in general, and Kurds in particular, who are sent back there, risk to be subjected to torture. After the adoption by Turkey of the Reintegration into Society Act in 2003, numerous acts of persecutions against PKK supporters have ceased. Several European countries share this opinion ††† . Even if a consistent pattern of gross violations exists in a country, this does not, by itself, automatically give sufficient grounds to believe that a real risk of torture exists for an individual who has to be returned there. For the State party, the complainant has not demonstrated that she would likely be subjected to torture if extradited, as she was already tortured in 1993. 7.11 The State party recalls the Committee’s jurisprudence that it is not for the Committee but for the State parties’ courts to evaluate facts and evidence in a particular case, except if the courts openly violate the principle of impartiality. In the present case, the Azeri courts did not find any “particular grounds” nor the presence of “a real, foreseeable and personal” risk of torture for the complainant. The courts determined that the complainant had not performed any political activities that would make her more vulnerable to a risk of torture in case of her extradition‡‡‡. 7.12 In addition, the Azeri authorities received diplomatic assurances about the application of article 14 of the European Convention on Extradition (Rule of speciality). Thus, in the event of the complainant’s return to Turkey, she would not be prosecuted for any other crime than the one mentioned in the arrest warrant. The Azeri authorities received clear and convincing diplomatic assurances form Turkey which clearly ruled out torture and other forms of inhuman treatment against Ms. Pelit after extradition. Pursuant to these guarantees, the Azeri authorities have various possibilities to monitoring respect of Ms. Pelit’s rights. This, according to the State party, complies with the recommendations of the UN Special Rapporteur on Torture in similar situations. 7.13 The State party further notes that the complainant could always complain to the European Court of Human Rights if she considers that her rights are breached. 7.14 With reference to different decisions of the Committee and the European Court of Human Rights, the State party recalls that the alleged risk of torture must be real, and not a mere possibility. The existence of such risk must be corroborated by prima facie evidence. No such evidence was put forward in the present case. ††† In this relation, the State party refers to the observations made by the Netherlands in the context of Communication No 135/1999, S.G. v. the Netherlands, Views (no violation) adopted on 12 May 2004. ‡‡‡ The State party refers to letter (e) of the Committee’s General Comment.