the author’s wife, his house in Izmir had been under constant surveillance by
the police, also after his departure, and that, in January 1995, the police
questioned his former neighbours about the author. Furthermore, since the
author left, his brother has been arrested on more than one occasion and his
native village was demolished. As regards the State party’s argument that the
author could find a safe area elsewhere in Turkey, the Committee notes that the
author already had to leave his native area, that Izmir did not prove secure for
him either, and that, since there are indications that the police are looking
for him, it is not likely that a "safe" area for him exists in Turkey. In the
circumstances, the Committee finds that the author has sufficiently
substantiated that he personally is at risk of being subjected to torture if
returned to Turkey.
11.5 Finally, the Committee has taken note of the State party’s argument that
Turkey is a party to the Convention against Torture and has recognized the
Committee’s competence under article 22 of the Convention to receive and examine
individual communications. The Committee regretfully notes, however, that
practice of torture is still systematic in Turkey, as attested to in the
Committee’s findings in its inquiry under article 20 of the Convention. a/ The
Committee observes that the main aim and purpose of the Convention is to prevent
torture, not to redress torture once it has occurred, and finds that the fact
that Turkey is a party to the Convention and has recognized the Committee’s
competence under article 22, does not, in the circumstances of the instant case,
constitute a sufficient guarantee for the author’s security.
11.6 The Committee concludes that the expulsion or return of the author to
Turkey in the prevailing circumstances would constitute a violation of article 3
of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
12. In the light of the above, the Committee is of the view that, in the
prevailing circumstances, the State party has an obligation to refrain from
forcibly returning Ismail Alan to Turkey.
[Done in English, French, Russian and Spanish, the English text being the
original version.]
Notes
a/
Official Records of the General Assembly, Forty-eighth Session,
Supplement No. 48 (A/48/44/Add.1).
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