This explains why Y.O., the author's brother-in-law, was arrested, beaten and tortured by the Turkish authorities
in August 1996 to extract information from him on members of his family and, in particular, the author's
situation. In this connection, the author provides a copy of the State Security Court's decision of 10 September
1996.
5.6
With regard to his contacts with his brother Y., the author emphasizes that he illegally sent him a
number of items from Switzerland that would be useful in his guerrilla activities, and this is of course illegal
as far as the Turkish authorities are concerned and is a further reason why the author is afraid of returning to
the country. Furthermore, the State party did not faithfully transcribe the author's statements: the author in fact
stated that he had not seen his brother for 10 years before he left, but that did not stop him from having contact
with him.
5.7
The author stands by his explanation of why his brother I. changed his name, saying it would be foolish
to believe that someone could so easily change his name just because it was a very common name.
5.8
With regard to the author's divorce, it is clear that the real grounds for the divorce could not be revealed
to the court and the fact that he tried to become socially integrated in Switzerland, by means of a marriage that
in the end did not take place, had absolutely nothing to do with his divorce in 1994. Moreover, he continues
to provide for his family.
5.9
The information on the author collected by the Swiss embassy in Ankara is highly suspect. The Turkish
Government is under no obligation to provide such information to the State party and it is doubtful that it would
voluntarily give accurate information on a conflict taking place in the south-east of the country. This
information is in no way a reliable basis for proving there is no risk.g Moreover, the State party has never really
disputed the facts of the author's detention in 1985.
5.10 With regard to the only contradiction found in the author's accounts of his appearance before a
prosecutor, he emphasizes that it involves a legal term which is difficult to translate into Turkish, that he did
not know the precise meaning of that term, since he had only had seven years of schooling, and that the
hearings were held in Turkish, which is not his mother tongue. Furthermore, his uncertainty over the rank of
the person who received the sum of money has no bearing on the author's credibility. As to the claim that some
of the documents are false, the author is convinced that they are authentic and, even supposing some of them
were forgeries, that would not have been the result of a deliberate choice on his part and could even have been
justified by his extreme fear of being tortured again.
5.11 The author considers the simple spelling mistakes in the lawyer's letters to be irrelevant and a relatively
feeble argument. He also refutes the State party's claims that he had accepted its observations on his lack of
credibility.
5.12 The author finds it inexcusable that the State party did not have a medical examination carried out in
connection with the torture he had been subjected to. His injuries have indeed affected his memory and it is
easy to find inconsistencies in the account of a person who has been tortured.
5.13 The author confirms that he has had only minimal schooling, and this explains why he has no place in
the PKK hierarchy. However, this lack of education did not stop him from carrying out all the activities he
reported to the Swiss authorities.
g
See Werner Spirig, Mit verdeckten Karten/Asylrecht im Schatten der Geheimdienste, 2nd ed., 1996, passim.
130
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