CAT/C/30/D/201/2002
page 7
6.2
To the extent that the complainant suggests that such ill-treatment as he might face in
Turkey falls within article 3 of the Convention (see paragraphs 3.1 and 5.3), the Committee notes
that the scope of article 3 extends only to torture and does not encompass treatment that falls
short of that serious threshold. Those parts of the complaint, therefore, are inadmissible ratione
materiae as falling outside the scope of article 3. With respect to the complainant’s claim under
article 3 of the Convention, concerning torture, the Committee does not identify further obstacles
to the admissibility of the complaint, and accordingly proceeds with the consideration of the
merits.
7.1
The issue before the Committee is whether removal of the complainant to Turkey would
violate the State party’s obligation 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 or she would be
in danger of being subjected to torture.
7.2
The Committee must evaluate whether there are substantial grounds for believing that the
complainant would be personally at risk of being subjected to torture upon return to Turkey. In
assessing such risk, the Committee must take into account all relevant considerations, pursuant to
article 3, paragraph 2, of the Convention, including the existence of a consistent pattern of gross,
flagrant or mass violations of human rights. However, the Committee recalls that the aim of the
determination 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 particular person would be in danger
of being subjected to torture upon his return to that country; additional grounds must exist to
show 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 or her specific circumstances.
7.3
In the present case, the Committee observes that, based on the information before it, the
political activity that the complainant engaged in was confined to (unspecified) involvement with
the political party HADEP and the IHD organization, including the collection of information,
and the complainant himself stated that he did not flee for these reasons. There is no suggestion
that he was active or involved with the PKK. Nor has the complainant detailed in any manner
his political activities in the Netherlands, and how that might strengthen his claim under article 3.
Given some measure of documented progress in the human rights situation in Turkey since the
complainant’s departure in 1998, and the well-known development of the apprehension by
Turkish authorities of the PKK leadership, the Committee considers that the complainant has
failed to establish that either his past sporadic contact with the authorities, which did not include
any allegation of torture, or his family ties of some distance with the PKK leadership, are such
that there are substantial grounds for believing that any interest the authorities would take in him
at the present time would amount to torture.