CAT/C/49/D/389/2009
real and personal” risk if he were to return to Turkey owing to his ties to an organization
that supports the Kurdistan Workers’ Party and his family’s links with persons connected to
the Kurdistan Workers’ Party.
9.5
The Committee notes that the complainant has not produced any evidence that he
would run a personal risk, such as the existence of any politically motivated criminal
proceedings against him, since there is nothing to show that the criminal proceedings which
were brought against him in Turkey, and which ended in an acquittal, were politically
motivated. The complainant has also failed to document his claims of ill-treatment in the
course of his reported arrests in Turkey, or at any rate to provide detailed information on
that score, or to explain how he managed to live and work in Istanbul for a year without
encountering problems with the Turkish authorities; nor has he furnished evidence to
support the idea that the Turkish authorities would be aware of the militant activities of the
complainant in France and Germany and that these activities might endanger him in his
country of origin. The Committee further considers that the arguments adduced by the
complainant regarding the situation of the Democratic Society Party (a political group
which succeeded the People’s Democracy Party) and the Kurdish population in general are
not sufficient to establish that he would run a personal risk.
9.6
Taking into account all the information made available to it, the Committee
considers that the complainant has failed to provide sufficient evidence to demonstrate that
he would face a foreseeable, real and personal risk of being subjected to torture if returned
to his country of origin.
10.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, therefore concludes that the return of the complainant to Turkey would not
constitute a breach of article 3 of the Convention.
[Adopted in French, Spanish and Russian, the French text being the original version.
Subsequently to be issued also in Arabic and Chinese as part of the Committee’s annual
report to the General Assembly.]
GE.13-40787
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