4.12 Similarly, the author has never demonstrated that he has engaged
in activities which might have been beneficial to PSK. He was not a
member of this party but merely a sympathizer and, even in this
capacity, he acknowledged that he had never distributed brochures for
the party.
4.13 Lastly, the State party considers that the author's explanations
concerning the manner of his departure from Turkey with his family
are open to question. The Swiss Appeal Commission on Asylum
Matters considered it unlikely that a person wanted by the police
would have been able to leave Turkey from Istanbul airport without
let or hindrance. In view of the extremely strict security checks
carried out at this airport, it is likely that a false or forged passport
would have been detected. Moreover, the State party considers
implausible the contention that the passports were in the possession
of a third party.
4.14 The State party accordingly considers that the author's
statements do not permit the conclusion that there are substantial
grounds for believing, in accordance with article 3, paragraph 1, of
the Convention, that the author would be in danger of being subjected
to torture if the decision to return him to Turkey were carried out.
The author's comments
5.1 In a communication dated 14 July 2000 the author commented on
the State party's observations.
5.2 Concerning the date of the first arrest, he states that his counsel
admits having himself made a mistake over the dates, probably
because the author, too, confused them at the time of the second
interrogation. Nevertheless, while making it clear that this arrest
occurred in 1993, the author points out that it was not questioned by
the Swiss authorities.
5.3 As to his work within the party, the author wishes to make it clear
that, at his second interview, he stated that he shared the party's ideas
and supported the party, but that he did not play an active part in it. In
addition, he makes it clear that he played a limited role in distributing
the party newspaper. Lastly, he recalls that he was arrested in 1993
because party newspapers had been found in his apartment and he had
been accused of having distributed pamphlets.