CAT/C/32/D/135/1999
Page 12
detained on two occasions, the complainant does not establish that he was in fact, or
was regarded by the Turkish authorities as, a significant Kurdish opposition figure.
Nor does he allege to have had any special role within the relevant organizations. As
to his activities abroad, the complainant has listed instances of participation in
political activities and meetings. Some of these are referred to in very general terms,
although particular reference is made to the complainant’s participation in the
occupation of the Greek ambassador’s residence in the Hague in 1999. However, it
has not been established that the Turkish authorities are aware of the complainant’s
participation in this event or any of the other matters referred to. The Committee notes
in this regard that proceedings against the author in connection with the occupation of
the residence in the Hague were discontinued for lack of evidence. Nor has it been
established that, if the Turkish authorities were indeed aware of these actions, this
would place the complainant at particular risk of torture upon his return to Turkey.
6.6 The relevant evidence regarding the complainant’s history in Turkey, together
with his activities inside and outside Turkey, has been considered by the Dutch
authorities. The Committee is not in a position to challenge their findings of fact, nor
to resolve the question of whether there were inconsistencies in the complainant’s
account. Consistent with the Committee’s case law, due weight must be accorded to
findings of fact made by government authorities.
6.7. In light of the foregoing, the Committee finds that the complainant has not
established that he would face a foreseeable, real and personal risk of being tortured in
the event of his return to Turkey, within the meaning of article 3 of the Convention.
7. The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that the removal of the complainant to Turkey would not
constitute a breach of article 3 of the Convention.
[Adopted in English, French, Russian and Spanish, the English text being the original
version. Subsequently to be issued also in Arabic and Chinese as part of the
Committee’s annual report to the General Assembly.]