CAT/C/30/D/201/2002
page 6
but also he himself, who is related to Abdullah Öcalan. In any event, the “guilt by association”
deriving from a nine-year marriage did not disappear with divorce. He points out that he is not
one of the countless Turkish citizens who have one or more PKK members in their family, but is
related personally and through his ex-wife to the movement’s leader himself. Second, the
country report of 29 January 2002 states that relatives of PKK members can reckon with
increased interest from the authorities, an interest that is in proportion to the degree of
relationship or the position in the PKK of the suspected family member (unless the authorities
consider that there are in fact no links).
5.2
Responding to the State party’s comment that he was released unconditionally after each
arrest, the complainant states that the fact of his re-arrest showed that he could not continue his
activities without problem. These arrests and ill-treatment showed that the authorities did have
“serious objections” to him, even though he did not flee at the time. The complainant argues that
the State party has not considered available information on the allegedly deteriorating position of
HADEP and IHD members.
5.3
As to the State party’s contention that previous threats to the complainant had not
resulted in harm to him, the complainant states that he took the last threat before his flight
seriously, as another IHD activist had been killed and the military was positioned close to his
house. In any event, death threats from the authorities are in themselves serious, and the human
rights situation in Turkey does not suggest the contrary. Rather, such threats should be seen as a
policy of an intimidation which can be qualified as “a psychological form of forbidden
ill-treatment”.
5.4
Concerning the release of his brothers after his escape, the complainant contends that the
very fact of their arrests shows that he is not a person in whom the authorities have no interest.
In any event, their release does not conclusively show that there is no risk for the complainant in
the event of his return.
5.5
As to a reference in the 29 January 2002 country report that relatives of HADEP
members are not pursued on the basis of political orientation, the complainant refers to the
earlier 13 December 2000 country report to the effect that, in the case of PKK activists and
sympathizers, there are reliable indications that mistreatment and/or torture occurs not seldomly
upon return. Returnees have their prior criminal history checked by the authorities upon return
to the receiving country, and the complainant argues that the authorities’ previous interest in him
would have them further investigate him upon his return.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a complaint, the Committee against Torture
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 further notes that the State party concedes that
domestic remedies have been exhausted.