CAT/C/45/D/349/2008
remains uncontested by the State party. Thus, in the Committee’s view, sufficient
information has been provided to indicate that the complaint is likely to be arrested if
forcibly returned to the State party.
6.6. The Committee observes that, according to various sources including the reports
provided by the complainant, the Turkish security and police forces continue to use torture,
in particular during questioning and in detention centers, including against suspected
terrorists. The Committee also notes that according to the State Party’s own submission in
2007 (see paragraph 3.6 above) the number of reports of ill-treatment has increased. More
than one of the reports submitted by the State party6 describe that despite the legislative
measures taken by the Turkish Government perpetrators often enjoy impunity, and question
the effectiveness of the reform. Many of the recent reports quoted by the State party also
indicate that there are an increasing number of reports of ill-treatment and torture
committed by members of the security and police forces outside official premises and thus
more difficult to detect and document.
6.7. In conclusion, the Committee notes that the complainant was a member of the PKK
for 15 years; that even though she was operating at a low level, she did on occasion work
for its leader Öcalan and other high profile PKK leaders; that she is wanted in Turkey, to be
tried under anti-terrorist laws and thus is likely to be arrested upon arrival. In light of the
foregoing, the Committee considers that the complainant has provided sufficient evidence
to show that she personally runs a real and foreseeable risk of being subjected to torture
were she to be returned to her country of origin.
6.8. The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Inhuman or Degrading Treatment or Punishment,
considers that the State party’s decision to return the complainant to Turkey would
constitute a breach of article 3 of the Convention.
7.
In conformity with article 112, paragraph 5, of its rules of procedure, the Committee
wishes to be informed, within 90 days, on the steps taken by the State party to respond to
this decision.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the Committee’s
annual report to the General Assembly.]
6
8
See supra footnote 4.