CAT/C/46/D/352/2008
8.2
The State party also notes that the different medical reports submitted to the
Committee mention that the complainant has declared having been tortured in Turkey. It
contends, however, that the report of the “Ambulatorim Für Folter-und Kriegsopfer SRK”
(Swiss Red Cross) of 16 December 2009 mentions that the complainant has explained that
he had been detained and tortured, at the age of 25, for three months in a Police Office, and
that he was administrated electroshocks on the genitals. The State party notes that this
description is in contradiction with what the complainant has declared to the Swiss asylum
authorities – i.e. that he has been arrested and ill-treated on several occasions, for one to
two days, without mentioning having been tortured on his genitals. Therefore, the medical
reports submitted by the complainant do not contradict the conclusion that the
complainant’s mental problems are not caused by past torture.
Additional information by the complainant
9.1
On 31 August 2010, the complainant’s counsel provided further clarifications. He
admits that the State party was correct in noting that the report of the Ambulatorim Für
Folter-und Kriegsopfer SRK (Swiss Red Cross) of December 2009 indicates that the
complainant was arrested and tortured for three months. He explains, however, that the
report reflected what was discussed with the complainant, in the absence of an interpreter.
The counsel believes that the psychologist examining the complainant probably
misunderstood his explanations. This is confirmed, according to counsel, by the text of a
letter from two officials of the Ambulatorim Für Folter-und Kriegsopfer SRK dated 10
August 2010, according to which, it was assumed that the complainant has, at the time, said
that he was imprisoned several times over a period of three months, and not for three full
months. According to the officials in question, the complainant had refused the services of
an interpreter, as he had no trust in his compatriots.
9.2
According to counsel, this is consistent with what the complainant has always
claimed – his first arrest took place on 15 July 2000, and his last arrest was at the end of
August 2000. Even if this period covers one and a half months, it should be remembered,
according to counsel that these events took place more than ten years ago and a certain
deviation in the complainant’s mind should be considered normal.
9.3
As to the alleged torture with electricity of the complainant, as reported by Dr. G.,
counsel, once again, considers that it is the result of a misunderstanding, due to the poor
German language proficiency of the complainant and the absence of an interpreter. In a new
letter, the Ambulatorim Für Folter-und Kriegsopfer SRKexplained that the patient, at the
time, described feeling pain as if he was receiving electricity in his genitals, what was
interpreted to be a description of past torture. The counsel assumes that when examining the
complainant, Dr. G. was misled similarly, as the consultation again took place in the
absence of an interpreter.
9.4
On 9 September 2010, the counsel submitted a letter from Dr. G., dated 7 September
2010. Dr. G. confirms that the consultation of the complainant in 2009 was held in the
absence of an interpreter. Dr. G. explains that he might have misunderstood that the
complainant had been tortured, while in reality he had told him that he feels a pain like
receiving electricity on the genitals. According to counsel, this information is very
important, given that the Ambulatorim Für Folter-und Kriegsopfer SRK studied the 2009
report of Dr. G. at the time, and may have been influenced by it.
Issues and proceedings before the Committee
10.1 Before considering a claim contained in a communication, the Committee must
decide whether or not it is admissible under article 22 of the Convention. The Committee
has ascertained, first, as it is required to do under article 22, paragraph 5 (a), that the same
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