CAT/C/54/D/544/2013
the complainant submitted a first asylum application to the Swiss Embassy in Ankara
on 20 March 2003 (para. 2.4); that he was subsequently subjected to arrests, the last
having been in December 2006; and that he finally managed to leave Turkey in April
2007. In the circumstances, the Committee does not view as remote the causal link
between the persecution suffered and the request for protection submitted to the State
party’s authorities by the complainant.
9.8 The Committee also considers that the fact that the co mplainant was arrested at
regular intervals and has been subjected to constraints in the past, suggests that he has
attracted the attention of the authorities. The Committee further notes that one of his
brothers was granted asylum in Switzerland in 2002 – a situation likely to attract the
attention and suspicions of the Turkish authorities in relation to the complainant.
9.9 In the light of all the circumstances, the Committee considers that the
complainant has provided sufficient evidence to show that he runs a foreseeable, real
and personal risk of being arrested again and subjected to torture were he to be
returned to his country of origin.
10. The Committee, acting under article 22, paragraph 7, of the Convention,
therefore considers that the State party’s decision to return the complainant to Turkey
would constitute a breach of article 3 of the Convention.
11. Pursuant to rule 118, paragraph 5, of its rules of procedure, the Committee
wishes to be informed, within 90 days, of whatever steps the State pa rty has taken in
the light of the present observations.
12/12
GE. 15-11119