CAT/C/32/D/135/1999
Page 8
Turkey is not such as to believe that persons from Turkey, including Kurds , are in
general danger of being subjected to torture.
4.7 The State party contends that the political activities in which the author claims to
have been involved in Turkey do not suggest that he would be the object of the
Turkish authorities’ particular attention. These activities were marginal in nature, such
as collecting money. The author had not claimed to know other members of the
ERNK, or that he had any special function within the group. His involvement with
HADEP consisted only of attending meetings. He had not demonstrated that, through
these activities, he had come to the special notice of the Turkish authorities. Thus, the
authorities, having learned of his membership of HADEP in March 1995, released
him unconditionally in April 1995.14
4.8 The State party notes that the complainant had made conflicting statements about
the circumstances of his arrest on 10 May 1997. First, the State party’s country reports
indicated that all local branches of the IHD, to one of which the complainant had
allegedly been traveling when arrested, had been closed. The complainant was unable
to provide details of the whereabouts of the IHD office. Secondly, he gave conflicting
accounts of the timing of the various events on the night of 10 May 1997 – he claimed
he was held until midnight, and, after a two hour car journey, was questioned for a
further two hours. This was inconsistent with his claim that he was later dropped off
in his home town at 2:30am. The State party further considers it implausible, as
appears to transpire from the author’s account, that a person identified by the
authorities as a potential informer would not immediately be asked for names of PPK
and HADEP members. It concludes from the fact that the authorities did not
specifically instruct him about his tasks as an informer and left him alone in the days
following 10 May 1997, that they did not regard his as an important opposition figure.
In his second interview with the IND, the complainant stated that he was only a
passive member of HEDAP, and did not know any active members of ERNK. The
State party thus does not consider that the author is regarded by the Turkish
authorities as a significant Kurdish opposition figure. The State party adds that the
police request to the complainant’s father for information about the complainant’s
whereabouts did not suggest anything untoward, and that the information from the
14
This was not referred to in the initial communication, although it is possible that it is referred to in
the attachments to the communication, which are Dutch.