this connection, counsel argues that the factual situation in a country, and not
only its international obligations, should be taken into account.
Decision on admissibility and examination of the merits
10. Before considering any claims contained in a communication, the Committee
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. The Committee notes that the State party has not raised any
objections to the admissibility of the communication and that it has provided
the Committee with its observations concerning the merits of the communication.
The Committee finds therefore that no obstacles to the admissibility of the
communication exist and proceeds with the consideration of the merits of the
communication.
11.1 The issue before the Committee is whether the forced return of the author
to Turkey would violate the obligation of Switzerland under article 3 of the
Convention not to expel or to return a person to another State where there are
substantial grounds for believing that he would be in danger of being subjected
to torture.
11.2 Pursuant to article 3, paragraph 1, the Committee must decide whether
there are substantial grounds for believing that Mr. Alan would be in danger of
being subject to torture upon return to Turkey. In reaching this conclusion,
the Committee must take into account all relevant considerations, pursuant to
article 3, paragraph 2, 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
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 person would be in danger
of being subjected to torture upon his return to that country; specific 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 specific circumstances.
11.3 In the instant case, the Committee considers that the author’s ethnic
background, his alleged political affiliation, his history of detention, and his
internal exile should all be taken into account when determining whether he
would be in danger of being subjected to torture upon his return. The State
party has pointed to contradictions and inconsistencies in the author’s story,
but the Committee considers that complete accuracy is seldom to be expected by
victims of torture and that such inconsistencies as may exist in the author’s
presentation of the facts are not material and do not raise doubts about the
general veracity of the author’s claims.
11.4 The Committee has noted the State party’s argument that the author has
invoked the general situation of Kurds in Turkey to substantiate his fears of
torture, but that he has failed to demonstrate that he personally risks to be
subject to torture. The Committee has also noted the State party’s statement
that, according to information collected by its embassy in Ankara, the author is
no longer sought by the police and that no prohibition of a passport is in force
for him. On the other hand, the author’s counsel has stated that, according to
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