he could no longer remain in the country because he was constantly
being followed by the secret service.
3. The certificate was drawn up by the Hôpitaux universitaires de
Genève on 20 August 1996 at the request of the author's counsel. It is
based on two interviews with the author and sets forth the facts as
presented by him with details of the acts of torture to which he was
allegedly subjected. With regard to his physical condition, the doctors
describe it as being within the bounds of normality but mention a
number of scars on his body (a fine bow-shaped scar at the base of
the first toe of his right foot, three round scars on his left hand and
wrist, and a star-shaped scar on his left cheek). With regard to his
psychological condition, they say that the author was cooperative,
with sound temporal and spatial orientation and without major
memory disorders, but that he had trouble remembering specific dates
accurately. They note a tendency towards dissociation when scenes of
violence were mentioned. A reading of the medical report provoked
considerable nervousness and agitation. The doctors consider that the
author's description of the scenes of torture are compatible with what
is known about the treatment of opponents of the regime in Syrian
prisons, especially Mezze prison (see Amnesty International Report
1994, pp. 319-322). The scars correspond to his description of the
torture he allegedly suffered, and the lesions are probably the
sequelae of torture. Taking this and his psychological condition into
account, the doctors diagnose post-traumatic stress syndrome (PTSS),
a characteristic disorder of torture victims. The doctors go on to state
that "we therefore conclude that there has been a flagrant violation of
human rights. Under these circumstances and in view of the fact that
the Kurdish issue in Syria has not been settled, the return of [the
author] to his country would condemn him to renewed acts of
violence ...". The doctors further conclude that the PTSS is in
remission for the time being because the author feels safe in
Switzerland. His refoulement would probably lead to a return of the
symptoms, whose seriousness should not be underestimated.
Moreover, as far as treatment is concerned, the doctors state that, to
their knowledge, the type of medical care needed to stabilize the
author's condition (physiotherapy and supportive psychotherapy) do
not exist in the Syrian Arab Republic.
4. In this connection, the State party refers to the Committee's
jurisprudence,
in
particular
communications I.A.O.
v.
Sweden (65/1997) and X, Y and Z v. Sweden (61/1996), in which the
Committee, while finding that medical certificates established that the
authors had been subjected to torture, nevertheless considered that it