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).
6.5
In the present case the Committee notes that the State party draws attention to a number of
inconsistencies and contradictions in the author's account, casting doubt on the truthfulness of his allegations.
It also notes the explanations provided by counsel in that respect. The Committee considers, however, that
those inconsistencies and contradictions are not of such nature as to be relevant for the assessment of the risk
under which the author might be if he is returned to Turkey.
6.6
From the information submitted by the author the Committee observers that the events that prompted
his departure from Turkey date back to 1995. The author provided the Swiss authorities with a document
allegedly issued by the Office of the Public Prosecutor of Gazantiep, soon after his departure, as evidence of
proceedings initiated against him for his links with the PKK. The Swiss authorities considered that the
document in question was a forgery. In the Committee's opinion the explanations provided by the author to
demonstrate that the said document is authentic are not convincing. Furthermore, the Committee notes the
information provided by the Swiss embassy in Ankara according to which the police has not established a
dossier on the author and he is not under an order of arrest. Accordingly, the author has failed to demonstrate
that he is under risk of being arrested upon his return. The Committee further notes the author's allegations that
his father was arrested by the police and questioned about his whereabouts. However, the arrest in question
took place in 1995. There is nothing to suggest that the author or members of his family have been sought or
intimidated by the Turkish authorities since then. There is nothing to suggest either that the author has
collaborated with the PKK in any way since leaving Turkey in 1995.
6.7
The Committee notes with concern the numerous reports concerning the use of torture in Turkey, but
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. In the light of the foregoing, the
Committee deems that such a risk has not been established.
6.8
On the basis of the above considerations, the Committee is of the opinion that the information before
it does not show substantial grounds for believing that the author runs a personal risk of being tortured if he
is sent back to Turkey.
7.
The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the decision of the State party
to return the author to Turkey does not constitute a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the French text being the original version.]
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