5.
By submission of 3 April 1995, the State party informed the Committee that
it did not challenge the admissibility of the communication.
6.1 By submission of 10 August 1995, the State party informed the Committee
that it had deferred the author’s expulsion, in compliance with the Committee’s
request.
6.2 The State party recalls that the author’s request for asylum was rejected
by the Office Fédéral des Réfugiés on 1 July 1993, and that his appeal was
dismissed by the Commission suisse de recours en matière d’asile on
27 October 1994. The decisions were based on contradictory declarations made by
the author (concerning the number of arrests, his political activities and his
encounter with the member of parliament), on the fact that, contrary to his
assertions, no record existed in Turkey in respect to him, that no recent acts
of persecution could justify his departure from Turkey, the improbability that
he would personally be threatened with torture, and the possibility for the
author to settle in a part of Turkey where he would not be at risk. The State
party emphasizes that its authorities have seriously examined the author’s claim
and that, in case of doubt, they have contacted the Swiss embassy in Ankara.
The information so gathered has been transmitted to the author for comments, and
he has had access to the whole file which was before the domestic authorities.
His right to be heard has thus fully been complied with and the facts have been
established in as detailed a fashion as possible.
6.3 The State party explains that, in the instant case, the author has
contradicted himself on numerous occasions. For instance, at the first hearing,
he claimed to have been arrested four or six times since 1988, and to have been
held each time for three or four days. Before the cantonal authorities, he
claimed to have been arrested four times and to have been held for between three
to six days. Furthermore, before the Office Fédéral des Réfugiés he claimed to
have been arrested 15 or 16 times.
6.4 Also, before the cantonal authorities the author claimed to have been kept
in detention for four days in February 1988 because he had requested a passport.
Before the Office Fédéral des Réfugiés, however, he claimed that he was detained
on that occasion because of suspicions that he had renewed contact with the
organization KAWA. The author’s account of his political activities also shows
inconsistencies, and the State party notes that he was not familiar with
important dates connected to his alleged ideological affiliation.
6.5 The State party further refers to inconsistencies in the author’s account
of his purported encounter with the parliamentarian, and points to the
contradictory declarations made by the author’s lawyer in Turkey, who first
affirmed having represented the author in a judicial procedure after his
departure, and then later revoked this. According to the State party, it is
likely that the lawyer made his second declaration as a favour to the author.
7.1 The State party notes the author’s reasons for fearing detention and
torture upon his return in Turkey, but submits that according to information
collected by the Swiss embassy in Ankara, there is no outstanding file on the
author, he is no longer sought by the police and no prohibition for a passport
is in force. In these circumstances, the State party is of the opinion that it
can reasonably demand of the author to establish himself in another region of
Turkey. The State party submits that in general only listed individuals are
being targeted by the authorities. Although no arbitrary actions by the police
can be excluded, the State party is of the opinion that the risk is minimal if
one avoids the more sensitive places.
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