CAT/C/21/D/97/1997
page 9
6.4
The Committee is aware of the serious human rights situation in Turkey.
Reports from reliable sources suggest that persons suspected of having links
with the PKK are frequently tortured in the course of interrogations by law
enforcement officers and that this practice is not limited to particular areas
of the country.
6.5
It is not in dispute that the author comes from a politically active
family. Moreover, the Committee considers the explanations regarding his own
political activities as credible and consistent with the findings of the
medical reports according to which he suffers from post-traumatic stress
syndrome and his scars are in conformity with the alleged causes. Although
the author changed his first version of the facts he gave a logical
explanation of his reasons for having done so. Hence, the Committee has not
found inconsistencies that would challenge the general veracity of his claim.
6.6
In the circumstances the Committee considers that, given the human
rights situation in Turkey, the author’s political affiliation and activities
with the PKK as well as his history of detention and torture constitute
substantial grounds for believing that he would be at risk of being arrested
and subjected to torture if returned to Turkey.
7.
In the light of the above, the Committee is of the view that the State
party has an obligation, in conformity with article 3 of the Convention, to
refrain from forcibly returning the author to Turkey or to any other country
where he runs a real risk of being expelled or returned to Turkey.
[Adopted in English, French, Russian and Spanish, the English text being the
original version.]
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