rights situation in Turkey was “clearly deficient”, increased international monitoring had lead to
an improvement in a number of fields. It stated that many human rights abuses were related to
the “Kurdish question”, and that they consisted mostly of restrictions on the right to freedom of
expression and assembly. The report noted that Kurds suffering from persecution could in
general settle elsewhere in Turkey, and that in most European countries the situation in Turkey
was not regarded as constituting grounds for not returning rejected asylum-seekers to that
country.
4.4
The State party emphasizes that the human rights situation in Turkey receives continued
attention from the Dutch Government, and that in July 1999, influenced by reports of the death
of a former asylum-seeker who was expelled to Turkey in April 1999, it suspended the expulsion
of Kurds to Turkey. By letter of 8 December 1999, the State Secretary for Justice stated that, on
the basis of investigations conducted by the Ministry of Foreign Affairs, it had been decided to
resume expulsions.k
4.5
In relation to the petitioner’s personal circumstances, the State party summarizes the
information provided by the complainant to the IND during the first and second interviews,
relating to his activities in Turkey and his treatment by the Turkish authorities. It notes that, in
his decisions of 13 August and 29 September 1997, the State Secretary for Justice concluded
that the complainant was not a refugee and that he did not face a genuine risk of being subjected
to inhuman treatment within the meaning of article 3 of the European Convention on Human
Rights in the event of his return. The Hague District Court dismissed the complainant’s appeal
on 23 July 1998. The complainant’s second asylum application was rejected on 19 March 1999,
and this decision was upheld on appeal by the Hague District Court on 7 May 1999. The State
party remarks that, following proceedings by the author to challenge his alien detention, the
detention order against him was withdrawn with effect from 1 September 1999.
4.6
The State party observes that the existence of a consistent pattern of gross violations of
human rights in a country does not as such constitute sufficient grounds for determining that a
particular person would be in danger of being subjected to torture upon being returned to that
country; specific grounds must exist indicating that the individual concerned would be
personally at risk.l The individual must face a real, foreseeable and personal risk of being
tortured in the country to which he is to be returned.m In light of the State party’s own country
reports, the general situation in Turkey is not such as to believe that persons from Turkey,
including Kurds, are in general danger of being subjected to torture.
4.7
The State party contends that the political activities in which the author claims to have
been involved in Turkey do not suggest that he would be the object of the Turkish authorities’
particular attention. These activities were marginal in nature, such as collecting money. The
author had not claimed to know other members of the ERNK, or that he had any special function
within the group. His involvement with HADEP consisted only of attending meetings. He had
not demonstrated that, through these activities, he had come to the special notice of the Turkish
authorities. Thus, the authorities, having learned of his membership of HADEP in March 1995,
released him unconditionally in April 1995.n
4.8
The State party notes that the complainant had made conflicting statements about the
circumstances of his arrest on 10 May 1997. First, the State party’s country reports indicated
that all local branches of the IHD, to one of which the complainant had allegedly been travelling
when arrested, had been closed. The complainant was unable to provide details of the
118
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents