CAT/C/21/D/101/1997
page 9
pattern of gross violations of human rights does not mean that a person cannot
be considered to be in danger of being subjected to torture in his or her
specific circumstances.
6.4. The Committee is aware of the serious human rights situation in Turkey.
Reports from reliable sources suggest that persons suspected of having links
with the PKK are frequently tortured in the course of interrogations by law
enforcement officers and that this practice is not limited to particular areas
of the country. In this context, the Committee further notes that the
Government has stated that it shares the view of UNHCR, i.e. that no place of
refuge is available within the country for persons who risk being suspected of
being active in or sympathizers of the PKK.
6.5. The Committee recalls that, for the purposes of article 3 of the
Convention, the individual concerned must face a foreseeable, real and
personal risk of being tortured in the country to which he is returned. The
Committee wishes to point out that the requirement of necessity and
predictability should be interpreted in the light of its general comment on
the implementation of article 3 which reads: “Bearing in mind that the State
party and the Committee are obliged to assess whether there are substantial
grounds for believing that the author would be in danger of being subjected to
torture were he/she to be expelled, returned or extradited, the risk of
torture must be assessed on grounds that go beyond mere theory or suspicion.
However, the risk does not have to meet the test of being highly probable”
(A/53/44, annex IX, para. 6).
6.6. The Committee notes the medical evidence provided by the author. The
Committee notes in particular that the author suffers from a post-traumatic
stress disorder and that this has to be taken into account when assessing the
author's presentation of the facts. The Committee notes that the author's
medical condition indicates that the author has in fact been subjected to
torture in the past.
6.7. In the author's case, the Committee considers that the author's family
background, his political activities and affiliation with the PKK, his history
of detention and torture, as well as indications that the author is at present
wanted by Turkish authorities, should be taken into account when determining
whether he would be in danger of being subjected to torture upon his return.
The Committee notes that the State party has pointed to contradictions and
inconsistencies in the author’s story and further notes the author's
explanations for such inconsistencies. The Committee considers that complete
accuracy is seldom to be expected by victims of torture, especially when the
victim suffers from post-traumatic stress syndrome; it also notes that the
principle of strict accuracy does not necessarily apply when the
inconsistencies are of a material nature. In the present case, the Committee
considers that the presentation of facts by the author does not raise
significant doubts as to the trustworthiness of the general veracity of his
claims.
6.8. In the circumstances, the Committee considers that substantial grounds
exist for believing that the author would be in danger of being subjected to
torture if returned to Turkey.