CAT/C/32/D/135/1999
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father about the authorities’ interest in his son’s whereabouts is unreliable in any
event, because the father cannot be considered an objective source of information in
relation to his son’s complaint.
4.9 In relation to the complainants’ political activities outside Turkey, the State party
notes that no evidence was presented to substantiate these, and in any event, the
activities cited are not significant. It rejects as unfounded the assertion that there is a
real risk of these activities being known to the Turkish authorities. As to the
complainant’s involvement in the occupation of the Greek ambassador’s residence in
The Hague, the criminal proceedings against the complaint were dropped for lack of
evidence. Even if the complainant’s involvement in this incident was known to the
Turkish authorities, it was not sufficiently dissident in nature to cause them to target
him.
4.10 The State party notes that the mistreatment15 allegedly suffered by the
complainant while under arrest in March 1995 is not of overriding relevance to the
question at hand. The fact that a complainant has previously been subjected to torture
is only one of the considerations identified by the Committee’s General Comment as
relevant to the consideration of a claim under article 3. The State party contends that
the past mistreatment of the complainant, following a police raid that was not aimed at
him personally, does not suggest that the author runs a personal risk of torture if
returned to that country. Further, the torture allegedly suffered by the complainant in
1995 cannot be described as ‘recent’. Finally, following his release in April 1995, he
experienced no difficulties with the authorities until 1997. In light of the above, the
State party considers that there is no question of a violation of article 3 and that the
complaint is unfounded.
The complainant’s comments on the State party’s observations
5.1 In his comments on the State party’s observations, dated 5 January 2003, the
complainant challenges the State party’s doubts about his credibility. He affirms that
not all local branches of the IHD had been closed at the time of his arrest in May
1997, and that such branches were both closed and opened regularly at that time. As
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Whilst note explained in the complainant’s communication, the State party notes that the
complainant was allegedly soaked in cold water, and beaten with fists, sticks and knives.