CAT/C/30/D/201/2002
page 5
with Kurds substantially less at risk of involvement in military conflict, with growing confidence
in return and reconstruction. Pressures on the pro-Kurdish party HADEP had diminished, and
political dialogue was opening. On 4 May 2001, the Minister again refers to freedoms of
expression, association and assembly, while noting that Kurds are not persecuted simply by
virtue of their ethnicity. From the most recent report of 29 January 2002, it can be inferred that
there have been no major changes since.
4.6
As to the compatibility of the complainant’s projected return with article 3, the State
party refers to the Committee’s jurisprudence that the complainant must show a foreseeable, real
and personal risk of torture beyond a mere possibility, and that specific grounds beyond the
existence of a consistent pattern of gross violations must exist. Applying these principles to the
complainant’s case, the State party argues, in the light of the Committee’s recent jurisprudence6
and the above-mentioned country reports, that the general situation in Turkey is not such as to
automatically place any Kurd at risk.
4.7
Concerning the complainant’s family ties and alleged political activities, the State party
argues that no plausible case has been made that the complainant faces torture in Turkey on these
grounds. In the most recent country report of 29 January 2002, the Minister points out that there
are countless Turkish citizens with PKK family members without this relationship causing any
significant problems. While relatives of prominent PKK members may be subject to extra
scrutiny from the authorities and probably live under a certain amount of pressure, they cannot
be said to have been persecuted on account of their family ties with PKK leaders.
4.8
The State party adds that the complainant divorced his wife on 3 January 2002, so that
those family ties no longer exist.
4.9
Concerning the complainant’s allegation that he was arrested three times on account of
HADEP membership, the State party points out that he was unconditionally released and free to
continue his activities on each occasion, suggesting that the authorities do not have serious
objections to the complainant. Indeed, the complainant himself states that he did not flee for
these reasons, and thus no plausible case can be made for any risk of torture on this basis.
4.10 Moreover, in terms of the complainant’s fear of adverse consequences based on his
refusal to supply the authorities with information, the State party points out that after he refused
such requests five times between 1993 and 1998, at no point did he suffer adversely. After he
left his village, his brothers were interrogated about his whereabouts, but were released
unconditionally thereafter. No evidence has been presented of any problems to other relatives
after his departure.
4.11 The State party concludes that no plausible, much less substantial, case has been made
for the contention that the complainant would personally and presently be subjected to treatment
incompatible with article 3 of the Convention. Accordingly, his removal should be permitted to
proceed.
Complainant’s comments on the State party’s submissions
5.1
By letter of 14 October 2002, the complainant responded, arguing that the State party did
not contest the complainant’s credibility. As to his divorce, he states that it is not just his wife,