2.8On 31 August 2001 a report from the Swiss section, Berne, of Amnesty International was sent to CRA; the report concluded that
the complainants would very probably be imprisoned, interrogated under torture and subjected to arbitrary detention if they returned
to Syria. CRA did not change its original decision.
2.9A letter dated 18 September 2001 providing confirmation of the risk to the complainants - a letter of support from the Western
Kurdistan Association - was sent to CRA. In a letter dated 19 September 2001 CRA reiterated its rejection of the request for the
application for review to have suspensive effect and for expulsion to be deferred.
2.10The complainants state that they have exhausted domestic remedies. They specify that although the application for review has not
yet been the subject of a judgement on the merits, the expulsion decision has been enforceable since 23 July 2001.
The complaint
3.1The complainants claim that there is a real risk that they will be subjected to torture if they are expelled to Syria.
3.2To substantiate this fear, they recall their various submissions to the Swiss authorities, in particular the Amnesty International
report, which, in their view, has not been taken at its true value, and the copy of the judgement of the Syrian court, which has not
been accepted as evidence by the authorities. They stress that, having left their country three years earlier, they would very probably,
should they return, have to justify their stay abroad. They claim they would be subjected to intensive interrogation by the authority
responsible for departures and issuing passports. They would likely be arrested by one of the Syrian secret services as they are
Kurds and have links with the Yekiti party. The complainants assert that this cannot have escaped the notice of the Syrian authorities,
particularly since they took part in a demonstration in Geneva. Accordingly, the complainants maintain that there is every reason to
believe that they would be interrogated under torture regarding their relationships and contacts abroad as well as their activities.
State party’s observations on admissibility and merits
4.1In a letter dated 10 January 2001 the State party indicated that it was not contesting admissibility. The State party noted that on
25 June 2001 the complainants had submitted an application for review to CRA, and that in a decision of 12 December 2001 it had
been rejected.
4.2In a letter dated 20 May 2002 the State party formulated its observations on the merits of the complaint.
4.3With regard to the allegations of past ill-treatment and torture suffered by Mr. H., the State party notes that the sole content of the
file is the statement by him claiming that he was ill treated during his imprisonment from 1 November 1987 to 31 March 1988 in
Tadmur prison. According to the State party, despite the specific questions put to him on this matter in his examination by the Swiss
authorities in connection with his request for asylum, the complainant was unable to give more details. To the question: “How were
you tortured?”, he replied: “The first thing they do is torture you with a tyre. They put you in the tyre and thrash you. I was given only
a piece of bread and some cold tea. We were not allowed to look in the mirror for five months. Visits were not authorized. My family
did not know where I was.”a The State party takes the view that the complainant is speaking, in very general terms, of a method of
torture which is apparently used, but without explicitly stating that he himself was tortured in that way. Moreover, he gives no details
of the precise circumstances of the ill-treatment undergone, for example, the number of people who supposedly ill-treated him, or the
frequency, place and purpose. According to the State party, this lack of specificity and detail casts considerable doubt on the
credibility of the ill-treatment suffered by the complainant during his military service.
4.4However, according to the State party, had the complainant actually suffered ill-treatment in the past it would not be relevant to a
determination in the current proceedings. Since the ill treatment had allegedly taken place more than 10 years before the complainant
left Syria, the requirement for the ill-treatment to have been in the recent past in order to evidence the risk of being subjected to
torture within the meaning of article 3 of the Convention - as provided for in the Committee’s general comment No. 1 - has clearly
not been met. The State party adds that the same is true a fortiori for the complainant’s wife, since she has never alleged ill-treatment
by State organs.
4.5With regard to his political activities in Syria, the complainant has provided, in the context of national asylum proceedings,
certificates dated 1 October 1998 and 12 March 1999 attesting to his membership in the Yekiti party. However, when questioned
about the party in the asylum proceedings, he was, somewhat surprisingly, able to give only very general information on the aims of
the party of which he claimed to be a member in a position of responsibility. Moreover, he had only very approximate knowledge of
the party structure, particularly of its executive bodies. He cited the secretary of the party as its supreme organ, whereas information
from reliable sources in the possession of the Swiss asylum authorities indicates that the congress, which the complainant did not even
refer to, is the supreme decision making body in the Yekiti party.b According to the State party, since all members of the Yekiti party
had to serve an apprenticeship before their formal admission to the party, the information supplied by the complainant regarding the
purposes and structure of the party were far too vague for his membership claim to be credible. Thus, the asylum authorities
concluded that the complainant was not connected with the Yekiti party as he maintained. In the view of the State party, the two
membership certificates were irrelevant, since the documents had no official standing and had, the Swiss authorities considered, based
on their experience and knowledge, been prepared so readily that they could only be considered as documents provided as an
accommodation.
4.6As evidence of his close links with the Yekiti party and his commitment to it, the complainant makes allegations which are not seen
as credible by the State party. Firstly, the assertion that a secret meeting of some 50 people took place at the complainant’s home is
scarcely believable. The State party observes that if the complainant was under such close surveillance by the Syrian security forces
as he claims, he would not have been able to have held such a big meeting at his home without attracting the attention of the security
forces. Neither, in the view of the State party, is the complainant’s assertion credible that after the meeting he had hidden for a week
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