1.1
The author of the communication is Mr. H.A.D., a Turkish citizen of Kurdish origin born in 1962 and
currently residing in Switzerland, where he applied for asylum on 11 March 1991. His application, however,
was turned down and he claims that his forcible repatriation to Turkey would constitute a violation by
Switzerland of article 3 of the Convention against Torture. He is represented by counsel.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
communication to the attention of the State party on 8 February 1999. At the same time, the State party was
requested, pursuant to article 108, paragraph 9, of the Committee's rules of procedure, not to expel the author
to Turkey while his communication was under consideration. On 6 April 1999, the State party notified the
Committee that steps had been taken to ensure that the author was not returned to Turkey while his case was
pending before the Committee.
The facts as submitted by the author
2.1
The author comes from the south-eastern part of Turkey. His family owns a farm in the village of
Bazlama, in the Karakocan region of Elazig province in south-eastern Turkey, an area traditionally inhabited
by the Kurds.
2.2
When the author was living in Turkey, most of the members of his family had problems with the
authorities. His older brother Y., an active supporter of the Kurdish Workers' Party (PKK) since 1979, joined
the PKK fighters in 1986 and was killed during a battle on 13 February 1995. His father died on 15 January
1980, three months after surviving a month in prison, where he had been tortured. He had been arrested on
account of his son Y.'s activities in the PKK. The circumstances surrounding their father's death traumatized
the author's younger brother, V., an asylum-seeker in Switzerland. At the age of nine, V. was unable to talk
for several months following his father's arrest by the security forces. He has been suffering since then from
chronic psychological problems, for which he has needed psychiatric help, including in Switzerland. The only
brother of the author to stay in Turkey had to change his surname in order to avoid further persecution. The
author's wife was forced to agree to a divorce for the same reasons. Lastly, the author cites the names of several
other members of his family who were refugees in Switzerland or who were killed by the Turkish army.
2.3
In 1985, the author was jailed about one month after the arrest of a cousin, N.S., who today has refugee
status in Switzerland, on charges of acting as a guide (or "pathfinder"a) to this cousin and other guerrillas in
1984. During his detention, he was ill-treated and tortured. The doctor's observations on the medical certificate
he has produced can only be interpreted as referring to the effects of the torture to which he was subjected. The
author emphasizes that such observations of torture cannot be confirmed by a doctor without endangering the
latter's life.b
2.4
Later, he took part in the 1991 spring festivities (Newroz), which had been moved forward to January
for political reasons. The festivities came to an end when the security forces arrived. One guerrilla and two
soldiers were killed. The author managed to escape undetected; he went back to Istanbul and left the country
as he was afraid he would be persecuted again for taking part in the festivities.
2.5
The author applied for asylum in Switzerland on 11 March 1991. He was questioned on 15 May 1991
and 29 March 1994. The author stresses that these rounds of questioning were difficult for him because of his
a
The word used in the original communication.
b
See Vincent Iacopino, "Torture in Turkey and its unwilling accomplices", Physicians for Human Rights, 1996, pp.
4-9.
126
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