CAT/C/21/D/97/1997
page 5
unreasonable weight to circumstances which they consider reduce the
credibility of the author’s story as opposed to the substantial grounds
submitted in support of his claim. The circumstances in the case, including
the existence of a consistent pattern of gross violations of human rights in
Turkey and the fact that the author is a victim of torture, clearly show that
his return to Turkey would expose him to a particular risk of being subjected
to torture again.
State party’s observations
4.1
On 26 November 1997 the Committee, acting through its Special Rapporteur
for new communications, transmitted the communication to the State party for
comments and requested the State party not to expel the author to Turkey while
his communication is under consideration by the Committee. In its submission
to the Committee the State party indicates that, following the Committee’s
request, the Swedish Immigration Board decided to stay the enforcement of the
expulsion order until further notice, pending the Committee’s final decision
on the matter.
4.2
With respect to the admissibility of the communication, the State party
submits that, in accordance with the Aliens Act, a new request for a residence
permit may be lodged with the Aliens Appeals Board at any time, provided that
new circumstances likely to call for a different decision are raised.
Moreover, on the basis of its arguments on the merits, the State party
maintains that the communication is incompatible with the provisions of the
Convention and should therefore be considered inadmissible.
4.3
As for the merits of the communication, the State party contends that,
in determining whether the forced return of the author would constitute a
breach of article 3 of the Convention, the following issues should be
examined: (a) The general situation of human rights in Turkey; (b) the
author’s personal risk of being subjected to torture in Turkey; and (c) the
foreseeable and necessary consequences of his return to Turkey.
4.4
With respect to the general situation of human rights in Turkey the
State party submits, as a well-known fact, that arbitrary arrests, demolition
of villages and torture are used in the fight against the Kurdish separatists.
In its view, however, the situation is not so serious that it constitutes a
general obstacle to the deportation of Turkish citizens of Kurdish origin. A
large part of the Turkish population consists of persons of Kurdish origin.
While many of them live in the south-east they are presently scattered all
over the country where they are completely integrated into Turkish society in
general. If an expulsion order is carried out with respect to a Turkish
citizen of Kurdish origin, he or she will not be deported from Sweden to the
Kurdish areas against his or her will, but to Istanbul or Ankara.
4.5
The Swedish authorities have clearly found no substantial grounds for
believing that the author would be at risk of being subjected to torture upon
his return to Turkey. They have not considered that the information about the
author’s political activities and torture is credible. Indeed, there are a
number of elements in the author’s story which give rise to doubts. In the
initial investigation, following the first request for asylum, the author
clearly stated that neither he nor his family had been engaged in political