CAT/C/32/D/214/2002
Page 10
was arrested together with other PKK activists during a demonstration. The letter also
states that the police tortured him and the others during arrest to extract information
on other PKK sympathizers.
9.3
The complainant recalls that complete accuracy can seldom be expected from
victims of torture; his statements in the initial set of asylum proceedings should not be
used to undermine his credibility with regard to his later claims.
9.4
With regard to the second set of asylum proceedings, the complainant submits
that, in its decision of 18 June 2002, the Frankfurt Administrative Court itself
recognized his dilemma, as he could not reveal his PKK membership without facing
criminal charges in Germany. His expectation to be recognized as a refugee on the
basis of his participation in the highway blockade rather than his PKK membership
was therefore plausible and in conformity with the predominant jurisprudence at the
time of his hearing before the Wiesbaden Administrative Court, under which refugee
status was generally granted to Kurdish claimants who participated in PKK-related
highway blockades.
9.5
Regarding his failure to continue PKK training after completing the course in
the Netherlands, the complainant refers to a letter dated 16 February 2003 from the
International Association for Human Rights of the Kurds (IMK), which confirms that
the PKK had conducted training activities in the Netherlands from 1989 on, and that
participants of training courses were often ordered to wait at their domicile for further
instructions, or even exempted from the duty to undergo military training in Turkey.
9.6
While conceding that the Committee normally requires evidence of PKK
membership, the complainant argues that the standard of proof must be applied
reasonably, taking into consideration exceptional circumstances. He reiterates that the
risk of torture that must be established by a complainant must not be one of high
probability but rank somewhere between possibility and certainty. He claims that the
written statement and a supplementary affidavit of 4 April 2003 by F. S., describing
the complainant’s introduction as a guerilla candidate at the Halim-Dener-Festival,
corroborate his allegations. He concludes that his statements are sufficiently reliable
to shift the burden of proof to the State party.
9.7
The complainant cites a number of German court decisions which are said to
acknowledge the risk that PKK suspects run of being subjected to torture after
deportation to Turkey. This risk was not mitigated by the fact that he failed to take
part in the PKK’s armed combat. Rather, the Turkish police would try, including
through torture, to extract information from him concerning other participants of the
training course, PKK officials in Germany and other European countries.
9.8
The complainant reiterates that the Turkish authorities know of his
participation in PKK training, as he was a member of a relatively small group of
guerilla candidates. He recalls that the Committee has repeatedly held that
membership in an oppositional movement can draw the attention of the country of
origin to a complainant, placing him at a personal risk of torture.