Committee does not identify further obstacles to the admissibility of the complaint, and accordingly proceeds with the consideration of
the merits.
7.1The issue before the Committee is whether removal of the complainant to Turkey would violate the State party’s obligation 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
or she would be in danger of being subjected to torture.
7.2The Committee must evaluate whether there are substantial grounds for believing that the complainant would be personally at risk
of being subjected to torture upon return to Turkey. In assessing such risk, the Committee must take into account all relevant
considerations, pursuant to article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross, flagrant
or mass violations of human rights. However, the Committee recalls that the aim of the determination is to establish whether the
individual concerned would be personally at risk of being subjected to torture in the country to which he would return. It follows that
the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute a
sufficient ground for determining that a particular person would be in danger of being subjected to torture upon his return to that
country; additional grounds must exist to show that the individual concerned would be personally at risk. Similarly, the absence of a
consistent pattern of gross violations of human rights does not mean that a person cannot be considered to be in danger of being
subjected to torture in his or her specific circumstances.
7.3In the present case, the Committee observes that, based on the information before it, the political activity that the complainant
engaged in was confined to (unspecified) involvement with the political party HADEP and the IHD organization, including the
collection of information, and the complainant himself stated that he did not flee for these reasons. There is no suggestion that he was
active in or involved with PKK. Nor has the complainant detailed in any manner his political activities in the Netherlands, and how
that might strengthen his claim under article 3. Given some measure of documented progress in the human rights situation in Turkey
since the complainant’s departure in 1998, and the well-known development of the apprehension by Turkish authorities of the PKK
leadership, the Committee considers that the complainant has failed to establish that either his past sporadic contact with the
authorities, which did not include any allegation of torture, or his family ties of some distance with the PKK leadership are such that
there are substantial grounds for believing that any interest the authorities would take in him at the present time would amount to
torture.
8.The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, considers that the complainant has not substantiated his claim that he would be subjected to
torture upon return to Turkey and therefore concludes that the complainant’s removal to that country would not constitute a breach
by the State party of article 3 of the Convention.
Notes
Complaint No. 219/2002
Submitted by:Ms. G.K. (represented by counsel)
Alleged victim:The complainant
State party:Switzerland
Date of complaint:18 October 2002 (initial submission)
The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment,
Meeting on 7 May 2003,
Having concluded its consideration of complaint No. 219/2002, submitted to the Committee against Torture by Ms. G.K. under
article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant, his counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention.
1.1The complainant is G.K., a German national, born on 12 January 1956, at the time of the submission of the complaint held at the
police detention centre at Flums (Switzerland), awaiting extradition to Spain. She claims that her extradition to Spain would constitute
a violation by Switzerland of articles 3 and 15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment. She is represented by counsel.
1.2On 22 October 2002, the Committee forwarded the complaint to the State party for comments and requested, under rule 108,
paragraph 1, of the Committee’s rules of procedure, not to extradite the complainant to Spain while her complaint was under
consideration by the Committee. The Committee indicated, however, that this request could be reviewed in the light of new
arguments presented by the State party or on the basis of guarantees and assurances from the Spanish authorities. The State party
acceded to this request.
1.3By note verbale of 8 November 2002, the State party submitted its observations on the admissibility and merits of the complaint;
it also asked the Committee to withdraw its request for interim measures pursuant to rule 108, paragraph 7, of the Committee’s rules
of procedure. In his comments, dated 9 December 2002, counsel asked the Committee to maintain its request for interim measures,
pending a final decision on the complaint. On 6 January 2003, the Committee, through its Special Rapporteur, decided to withdraw
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