CAT/C/21/D/97/1997
page 6
activities. He also informed the authorities concerned that he did not leave
Turkey immediately after the event that led to his flight from the country and
that he had no documents on entry because he had destroyed them after his
arrival in Sweden. Owing to these circumstances, the immigration authorities
concluded that he had not made it credible that he was of interest to the
Turkish authorities.
4.6
In a new submission the author claimed that he had been a member of
the PKK engaged in political activities. This new claim, however, was not
considered to be credible, nor was the explanation of why he had not revealed
the information at an earlier stage of the proceedings. The authorities also
questioned the authenticity of the document submitted by the author which he
claimed showed that he had been sentenced to five years’ imprisonment for
political activities.
4.7
Furthermore, in his third new application to the Aliens Appeal Board the
author claimed that his whole family was known to be opposed to the regime in
Turkey and submitted a copy of a judgement pronounced on 31 August 1995 by a
security court in Izmir by which one of his brothers was sentenced to
15 years’ imprisonment for his connections with the PKK. He himself was
mentioned in the judgement.
4.8
Information provided by the Swedish Embassy in Ankara, according to
which tampering with the copy of the judgement cannot be ruled out, further
undermines the author’s general credibility. In a copy names and words can be
deleted and replaced without detection. The author could easily have obtained
and submitted an original or a duly authenticated copy of the judgement.
Moreover, the author is not mentioned among the suspects, the condemned or the
acquitted in the judgement, which means that he was not even prosecuted.
4.9
The medical reports fail to give sufficient support to the claim that
the author’s injuries were caused in the manner described by him. One of the
doctors indicated in his written statement that the author was subjected to
torture in 1987. However, the author himself did not assert this. No
physical evidence has been found to confirm torture and it has not been
possible with any certainty to connect any of the injuries to the alleged
torture. It should also be noted that the author did not produce any medical
evidence and did not undergo any medical examination until a late stage in the
proceedings.
4.10 To sum up, the author has not substantiated his allegation that he would
run a particular personal risk of being detained and tortured if he were to
return to Turkey. If he wishes to avoid the disturbances that undoubtedly
characterize the south-east region, he has the possibility of staying in
another part of the country.
4.11 On the basis of the foregoing, the State party contends that the
information which the author has provided does not demonstrate that the risk
of being detained or tortured is a foreseeable and necessary consequence of
his return to Turkey. An enforcement of the expulsion order to Turkey would
therefore, in the present circumstances, not constitute a violation of
article 3 of the Convention. Furthermore, as a consequence of the fact that