were he/she to be expelled, returned or extradited, the risk of torture must be assessed on grounds
that go beyond mere theory or suspicion. However, the risk does not have to meet the test of being
highly probable" (A/53/44, annex IX, para. 6).
8.5. The Committee does not doubt the allegations of ill-treatment to which the author was subjected
during his 28-day detention after his arrest in 1985, even though the medical reports do not
substantiate the author's description of acts of torture or their effects.
8.6. However, in view of the time that has elapsed between the events described by the author, the
establishment of the veracity of his claims and the present day (15 years have passed), the current
risk for the author of being subjected to torture or "deliberate persecution" on being returned to
Turkey does not appear to have been sufficiently well-established.
8.7. In the light of the above, 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 decision of the State party to return the author to Turkey would not
constitute a breach of article 3 of the Convention.
[Done in English, French, Russian and Spanish, the French text being the original version.]
Notes
1/ The word used in the original communication.
2/ See Vincent Iacopino, "Torture in Turkey and its unwilling accomplices", Physicians for Human
Rights, 1996, pp. 4-9.
3/ Public statement by Amnesty International on 11 March 1998.
4/ Neue Züürcher Zeitung No. 19/1998, p. 5.
5/ Decision No. 61/1996, X, Y and Z v. Sweden, 6 May 1998.
6/ See Selahattin Celik, Die Todesmaschinerie "Tüürkische Konterguerilla", 1999, pp. 40-212.
7/ See Werner Spirig, Mit verdeckten Karten/Asylrecht im Schatten der Geheimdienste, 2nd ed.,
1996, passim.