CAT/C/32/D/214/2002
Page 12
reasonably expect to be recognized as a refugee on account of his participation in the
highway blockage. The diverging jurisprudence of administrative courts in other
regions of the State party was either of more recent date or was unknown to him at the
material time during the first set of asylum proceedings.
11.4 The complainant argues that, in any event, the late disclosure of these
activities does not undermine his credibility on the whole. He invokes the benefit of
doubt, arguing that he presented sufficient evidence to substantiate his participation in
the PKK training course in a credible and coherent manner.
11.5 Regarding the general human rights situation in Turkey, the complainant
submits: (a) that the armed conflict between the Turkish army and PHH/Kadek forces
is ongoing; (b) that, according to the Human Rights Foundation of Turkey, the number
of reported cases of torture has increased in 2003 totaling 770; (c) that, despite the
reduction of the maximum length of incommunicado detention to four days, torture is
still widespread and systematic, although methods such as beating or “Palestinian
hanging” have been replaced by more subtle methods which leave no trace, such as
solitary confinement or denial of access to clean drinking water and sanitary facilities;
(d) that none of the twenty complaints related to alleged cases of torture which had
been submitted in 2003 by the “Izmir Bar Association Lawyers’ Group for the
Prevention of Torture” were investigated; and (e) that the 2003 Act on Reintegration
in Society requires former PKK members to disclose their knowledge about other
PKK members and that persons refusing to disclose such information are often
subjected to ill-treatment by the authorities.
11.6 The complainant concludes that there are no sufficient safeguards to ensure
that he would not be tortured upon return, either during initial interviews by the police
or if he refuses to cooperate with the Turkish authorities by disclosing information on
the PKK.
11.7 The main proceedings concerning the complainant’s application to reopen
asylum proceedings are still pending before the Administrative Court of Frankfurt. In
the absence of suspensive effect, these proceedings would not stay his deportation, if
the Committee decided to withdraw its request for interim measures. Since it is
unlikely for the Frankfurt Administrative Court to order the re-opening of asylum
proceedings, after having rejected the complainant’s application for interim relief, the
only means to prevent his expulsion would be a final decision of the Committee, with
a finding of a violation of article 3.
State party further observations
12.1 On 15 March 2004, the State party confirmed that the Administrative Court of
Frankfurt had not taken a decision on the complainant’s appeal against the Federal
Agency’s decision of 6 February 2002 not to reopen asylum proceedings and that this
appeal has no suspensive effect. Although the complainant was free to formulate
another application for interim court relief, such application would have little
prospects of success unless it was based on new facts.