CAT/C/21/D/101/1997
page 8
Turkey is such that the group most likely to be exposed to harassment,
prosecution and persecution are Kurds suspected of being connected to or being
sympathizers of the PKK. She therefore claims that the author's return to
Turkey would have the foreseeable and necessary consequence of exposing him to
a real risk of being detained and tortured.
5.6. On 29 October 1998, counsel submitted further information to the
Committee, indicating that according to a Kurdish solidarity association based
in Sweden, of which the author has been a member since 1996, the author is
wanted by the Turkish police and the Turkish security service. It is further
claimed that the author's family in Turkey has been questioned by the police
on three occasions during the past six months about the whereabouts of the
author. With respect to this additional information the State party states,
in a letter sent to the Committee on 16 November 1998, that it has not altered
its position regarding the admissibility and merits of the communication, as
described above.
Issues and proceedings before the Committee
6.1. Before considering any claims contained in a communication, the
Committee against Torture must decide whether or not it is admissible under
article 22 of the Convention. The Committee has ascertained, as it is
required to do under article 22, paragraph 5 (a), of the Convention, that the
same matter has not been and is not being examined under another procedure of
international investigation or settlement. The Committee is further of the
opinion that all available domestic remedies have been exhausted, in view of
the fact that no new circumstances exist on the basis of which the author
could file a new application with the Aliens Appeal Board. The Committee
finds that no further obstacles to the admissibility of the communication
exist.
6.2. The issue before the Committee is whether the forced return of the
author to Turkey would violate the obligation of Sweden under article 3 of the
Convention not to expel or to return a person to another State where there are
substantial grounds for believing that he would be in danger of being
subjected to torture.
6.3. The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that the author would be in danger
of being subject to torture upon return to Turkey. In reaching this decision,
the Committee must take into account all relevant considerations, pursuant to
paragraph 2 of article 3, including the existence of a consistent pattern of
gross, flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individual concerned would
be personally at risk of being subjected to torture in the country to which he
or she would return. It follows that the existence of a consistent pattern of
gross, flagrant or mass violations of human rights in a country does not as
such constitute a sufficient ground for determining that a particular person
would be in danger of being subjected to torture upon his return to that
country; specific grounds must exist that indicate that the individual
concerned would be personally at risk. Similarly, the absence of a consistent