CAT/C/54/D/544/2013
2008, the complainant was not wanted and did not have a police record. The appeal
was therefore dismissed. In a letter dated 2 April 2013, the Office set a new deadline
for his departure of 24 April 2013.
2.8 The complainant claims to have exhausted all available domestic remedies. He
adds that, in Switzerland, he has continued to support the Kurdish cause. He is a
member of the Mesopotamian Cultural Association in Fribourg, and of the Federation
of Kurdish Associations in Switzerland. 9
The complaint
3.1 The complainant alleges that there are substantial grounds for believing that,
because of his support for the PKK and other affiliated Kurdish parties such as the
DEP, HADEP and DEHAP, he would be subjected to torture if he was returned to
Turkey. Basing himself on NGO reports, 10 he notes that very little progress has been
made in the fight against torture and impunity in Turkey, and that former members and
activists of the PKK (and the organizations that have subseque ntly taken its place)
must expect to be searched, arrested, interrogated, detained and prosecuted by the
Turkish security forces. According to the same sources, the likelihood increases if the
persons concerned have not availed themselves, or have been una ble to avail
themselves, of the amnesty laws in force, or if they are suspected of having inside
knowledge of PKK bodies abroad or in Turkey. These reports clearly support the claim
that members of the DEHAP/HADEP party are subjected to harassment, surveil lance,
accusations and torture. Despite improvements on the legal front, torture and ill treatment remain widespread in Turkey. In 2004, the Turkish Association for the
Defence of Human Rights identified 1,040 cases in which persons had been ill -treated
and tortured in the country. Lastly, a report published by the Swiss Refugee Council
attests to the existence of a register of former members and activists of parties
affiliated to the PKK, which constitutes a form of evidence likely to lead to State
persecution. It is quite possible that political activities carried out while in exile also
appear in these records. 11 The complainant recalls that he has continued to support the
Kurdish cause in Switzerland (see paragraph 2.8).
3.2 The complainant also asserts that his mental health should be taken into account.
He has been treated by a psychologist at the consultation centre for victims of war and
torture at Geneva University Hospitals since May 2011. In a medical report, the
psychologist notes that he diagnosed the patient as suffering from moderate
depression, post-traumatic stress and generalized anxiety. 12
3.3 For these reasons, the complainant alleges that, in the event of his return, he
would face a personal risk of being arrested by the police, and subsequentl y detained
and tortured. There is clear and objective evidence attesting to his involvement with
the PKK, DEP, HADEP and DEHAP parties. He comes from a family known for its
links with and support for the PKK. One of his brothers, C.K., an active member of
the PKK, has been granted asylum in Switzerland. Other members of his family
remain active in the guerrilla movement, and a maternal cousin was killed for being a
member of the movement. An uncle on his father ’s side has been granted refugee
status in Germany.
__________________
9
10
11
12
GE. 15-11119
Statements attached to the file.
Amnesty International (May 2012), Swiss Refugee Council (February 2006). Reports annexed.
The complainant notes that a German court ruling issued in April 2005 by the Higher
Administrative Court of North Rhine-Westphalia makes it clear that the Turkish intelligence units
attached to the directorate of the armed forces monitor the political activities of Turkish citizens in
exile closely.
The complainant attaches a detailed medical report, drawn up by a doctor at his request, which
describes him as a victim of torture suffering from post -traumatic stress disorder and requiring
regular psychotherapeutic treatment.
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