relationship is non-existent when there is a lapse of seven years between the persecution and departure from
the country, particularly since the author did not resume his political activities in the host country.
4.9
The State party has serious doubts about the author's credibility in terms of his commitment to the PKK.
Although he spoke of a whole series of activities and events he had taken part in, he was unable to give any
substantial information on the PKK that was not common knowledge in Turkey; the stereotypical
accommodating statements made by cousins who are refugees in Switzerland, to the effect that the author was
active in the PKK, do nothing to refute these observations. The State party also stresses that it is rather
surprising that counsel for the author should assert in the communication that a lack of schooling is the cause
of this ignorance when the author claims to have been active in this organization for over 10 years and to come
from a family of political activists, including a cousin who was a founder member of the PKK. Lastly, the
argument that the contradictions in the accounts given at the different hearings are the result of the three-year
gap between them is unconvincing insofar as the author had the opportunity to reread the minutes of the
hearings and had to sign them.
4.10 Finally, with regard to the general situation in Turkey prevailing and described by the author with the
help of various supporting documents, the State party recalls that, while it should indeed be taken into account
when assessing the risk, for the purposes of article 3 of the Convention, the Committee believes there must be
a foreseeable, real and personal risk that the person will be tortured if he is returned to the country. The State
party also stresses that it regularly reassesses the situation in Turkey and recently decided that a person could
not be repatriated to the author's home province (Elazig). However, the areas of conflict are clearly defined
and it is quite possible for the author to settle in another, calmer region where he will be able to fit in easily,
particularly given his knowledge of Turkish and his level of education.
Comments by the author
5.1
In a letter dated 25 October 1999, the author commented on the State party's observations on the merits
of the communication.
5.2
The author first of all regrets that the State party's observations focus on arguments he never intended
to put forward. For example, he never claimed that his younger brother's psychological problems were proof
of the risk of torture facing him if he returned to his country. The author only wished to emphasize that he
came from a family with particularly close links to the PKK and which, as a result, was certainly targeted by
the Turkish authorities. It is in this context that he fears, quite rightly, that he will be tortured if he returns.f
5.3
It seems that the State party no longer contests any of the events the members of the author's family
were involved in in connection with their activities in the PKK. This proves, therefore, that the author must
have been involved with the PKK in one way or another.
5.4
The author has always given the same account of his detention in 1985 and clearly bears the marks of
it. Another medical report will be produced to bear this out. The inconsistencies and contradictions pointed
out by the State party are minimal and do not detract from the author's credibility.
5.5
It is true that Turkey does not recognize the principle of family responsibility. However, no one
disputes that the Turkish authorities resort to reprisals against family members in their fight against the PKK.
f
See Selahattin Celik, Die Todesmaschinerie "Türkische Konterguerilla", 1999, pp. 40-212.
129
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