party refers to the Committee's general comment of 21 November
1997 in support of its argument that the communication does not
contain the minimum factual basis needed to back up the author's
allegations. The State requests the Committee to find that the return
of the author to his country of origin would not constitute a violation
of Switzerland's international obligations.
The author's comments on the State party's observations
7.1 The author submitted his comments on 14 January 2000. With
regard to the lack of evidence of arrest and torture, he states that the
practical difficulties involved in gathering such evidence have been
overlooked. Any attempt to obtain such documents at present would
place his family and those connected with him in danger. He claims
not to have received any document on his release that could serve as
proof of his imprisonment.
7.2 The author draws attention to a number of reports concerning the
situation of the Kurds in the Syrian Arab Republic. In particular, he
claims that, according to the Amnesty International Report 1999,
although some Kurds arrested in 1997 were released in 1999, others
were still in prison for distributing pamphlets hostile to the regime.
7.3 With regard to the delay in making the allegation of torture, the
author claims that the Committee itself has repeatedly emphasized
that it is quite understandable for a torture victim initially to remain
silent about his sufferings. As to the certificate containing the
findings of torture, the author argues that the Committee does not, in
any case, require absolute proof of a risk of future persecution but is
satisfied with substantial grounds for fearing a violation of the
Convention. The medical report meets the criteria usually required
and was issued by an institution of the highest standing (Hôpitaux
universitaires de Genève), so that no doubt can be cast on the
conclusions of the medical examination.
7.4 With regard to his illegal departure from the Syrian Arab
Republic, the author states that he agrees with the State party's
comment about the consequences of illegal departure in most cases.
In his own case, however, given his political activities, his Kurdish
origin and the circumstances of his departure, it should be borne in
mind that his illegal departure could be used against him and lead to
assaults on his person, in contravention of article 3 of the Convention.
Issues and proceedings before the Committee