secondly because the police would not refrain from arresting the author in the event of his return to
Turkey for that reason. The author is convinced that he would be arrested upon his return because
he based an application for asylum on pro-Kurdish activities. When the border guards conducted
their inquiry, they certainly consulted the gendarmerie, who were familiar with the circumstances
of his brother's and father's death.
7.5 Lastly, by letter of 11 May 2000, the author transmitted a document according to which
information concerning the registration of wanted persons in not disclosed to anyone prior to their
arrest apart from the police. The Turkish police thus had no reason to inform the Swiss embassy of
their wish to arrest the author.
Issues and proceedings before the Committee
8.1. Before considering any claims contained in a communication, the Committee against Torture
must decide whether or not it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same
matter has not been and is not being examined under another procedure of international investigation
or settlement. In this case, the Committee notes that all available domestic remedies have been
exhausted and that the State party has not contested its admissibility. The Committee finds therefore
that the communication is admissible. The State party and the author have each made observations
on the merits of the communication and the Committee therefore proceeds to examine it on its
merits.
8.2. The issue before the Committee is whether the return of the author to Turkey would violate the
obligation of the State party under article 3 of the Convention not to expel or return the person to
another State where there are substantial grounds for believing that he would be in danger of being
subjected to torture.
8.3. The Committee must decide, pursuant to paragraph 1 of article 3, whether there are substantial
grounds for believing that the author would be in danger of being subjected to torture upon return
to Turkey. In reaching this decision, the Committee must take into account all relevant
considerations, pursuant to paragraph 2 of article 3, including the existence of a consistent pattern
of gross, flagrant or mass violations of human rights. The aim of the determination, however, is to
establish whether the individual concerned would be personally at risk of being subjected to torture
in the country to which he or she would return. It follows that the existence of a consistent pattern
of gross, flagrant or mass violations of human rights in a country does not as such constitute a
sufficient ground for determining that a particular person would be in danger of being subjected to
torture upon his return to that country. Other grounds must exist that indicate that the individual
concerned would be personally at risk. Similarly, the absence of a consistent pattern of gross
violations of human rights does not mean that a person cannot be considered to be in danger of being
subjected to torture in his or her specific circumstances.
8.4. The Committee recalls its general comment on the implementation of article 3, which reads:
"Bearing in mind that the State party and the Committee are obliged to assess whether there are
substantial grounds for believing that the author would be in danger of being subjected to torture