CAT/C/54/D/540/2013
with shrapnel in his arm and chest. According to the State party, the complainant has
never claimed that these psychological and physical problems are the result of acts of
torture committed in Turkey. The medical reports that he has submitted state that these
problems stem from events experienced during the war. The reports do not mention
signs, such as injuries, that would be relevant under article 3 of the Convention.
According to the medical report of 13 October 2009, 9 the complainant’s nightmares
and other psychological problems started in 2004, when the Americans entered Iraq,
and later worsened when he was in Switzerland. Those events, which occurred in a
third country, are not relevant to assessing the risk of torture if he is returned to
Turkey. There is no indication that the complainant has been tortured in Turkey in the
past.
4.4 With regard to the complainant’s political activities, the State party refers to his
claim that he joined the armed struggle of the PKK at age 11 and was involved in
fighting between 1993 and 1996, before being transferred to the Mahmur camp in Iraq,
where he continued to provide material and logistical support to the PKK. At the end
of 2004, he was allegedly detained by the American army and, after a period of
military training in Mosul, took part in fighting with the American army. The
complainant does not claim to have provided support to the PKK since his arrival in
Switzerland in 2005.
4.5 The complainant’s political activity within the PKK in Turkey dates to the
distant past. He allegedly engaged in fighting more than 15 years ago, when he was
still a child (between the ages of 11 and 14). Moreover, he had only minor
involvement and that was only between 1993 and 1996. The complainant has failed to
demonstrate the relevance of these facts to his current situation and their relation to
the Turkish authorities’ current interest in him for activities that happened so long ago
and were so minimal. This is corroborated by the fact that no judicial proceedings are
under way against the complainant and there is no indication that he might be arrested
or tortured in the event of his return.
4.6 As to his activities within the PKK, the complainant i nitially stated that he had
never received military training or engaged in fighting, but had only performed
various chores at the camp. 10 He subsequently retracted those claims and stated that
he had received military training from the PKK, had taken part i n the armed struggle
and had been involved in fighting between 1993 and 1996. This retraction was not
deemed by the Federal Administrative Tribunal to be credible, particularly in the light
of testimony that corroborated the complainant’s original statemen ts, indicating that
he was “reserved” and had not taken part in fighting. The factual inconsistencies
between the complainant’s allegations and the testimony given are such that it is
implausible that the complainant’s involvement with the PKK could expose him to
persecution by the Turkish authorities.
4.7 According to the State party, the photographs submitted by the complainant are
irrelevant. In the ones that allegedly show him as a PKK combatant, it cannot be
determined what activity is being engaged in by the persons pictured, while in the
photographs of soldiers serving with the American army in Iraq, which are related to
neither the PKK nor Turkey, it cannot be ascertained who is pictured or when and
where the photographs were taken.
4.8 The State party reiterates that no judicial proceedings are under way against the
complainant and that the statement from the mayor of Yardere to the effect that the
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9
10
6/10
See para. 2.3 of the present decision.
Deposition of 27 September 2005, attached to the case file. See para. 2.8 of the present decision.
GE.15-11115