5.5 The author reaffirms that his political activities consisted of taking part in demonstrations and meetings, distributing pamphlets, acting as a host and collecting money. 5.6 With respect to article 3 of the Convention, the author is afraid not only of the sentence for desertion and the torture he will suffer during that sentence but also of being sent to the front and the risk of being killed during a clash. 5.7 With regard to the time lapse between his arrival in Switzerland and his application for asylum, the author had already provided an explanation in his appeal to the Swiss Appeal Commission on Asylum Matters and had explained that the delay was unrelated to the reasons for his application. Also, the author's brother had suggested that he rest before submitting his application because he was scared and stressed. 5.8 On the question of the date of his arrival in Switzerland, the author did not agree that the inspections on entry into Turkey were systematic. He also pointed out that he was 17 years old when he returned, so that there was nothing in his appearance to attract the attention of customs officers. 5.9 The author confirms the official nature of the statement by the mayor of Calgi and stresses that the consulate's interpreter is often asked to work as a translator in Fribourg and knows how to be discreet while respecting professional secrecy. 5.10 The author reiterates his belief that Kurdish draft-evaders are regularly sent to the south-eastern front to fight against other Kurds and on this point refers once again to the statements of Denise Graf. 5.11 Lastly, the author presents as new factors the fact that his father died in Bursa on 11 February 2000 and that because of his fears he had not wished to go to the funeral even though all his family would be there. Furthermore, some new developments in the conflict between the Turkish Government and the Kurds have convinced the author that the risks to his person are as great as ever. On the basis of various news stories, he draws particular attention to the abuses committed by Hezbollah against the Kurds and to the fact that the announcement by the PKK that it is giving up the armed struggle is mainly intended to save its leader's head. As proof that the conflict really is continuing, the author recalls that three Kurdish mayors have recently been arrested for their alleged links with the PKK. Issues and proceedings before the Committee 6.1 Before considering any claims contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. In the case in point, the Committee also notes that all domestic remedies have been exhausted and that the State party has not contested the admissibility of the communication. It therefore considers the communication to be admissible. Since both the State party and the author have provided observations on the merits of the communication, the Committee proceeds immediately with the consideration of those merits. 6.2 The issue before the Committee is whether the forced return of the author to Turkey would violate the obligation of the State party under article 3 of the Convention not to expel or to return a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture. 152

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