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 might not be subjected to torture in his or
her specific circumstances.
6.4 The Committee recalls its general comment on the
implementation of article 3, which reads: "Bearing in mind that the
State party and the Committee are obliged to assess whether there are
substantial grounds for believing that the author would be in danger
of being subjected to torture were he/she to be expelled, returned or
extradited, the risk of torture must be assessed on grounds that go
beyond mere theory or suspicion. However, the risk does not have to
meet the test of being highly probable" (A/53/44, annex IX, para. 6).
6.5 The Committee notes that the medical examination undergone by
the author indicated the presence of post-traumatic stress.
6.6 However, on the basis of information submitted by the author, the
Committee notes that the events which prompted his departure from
Turkey date back to 1993 and appear to be linked in particular to his
relations with PSK. The purpose of the arrests and torture which he
says he underwent in 1993 and 1996 seemed to be to elicit
information or to induce him to collaborate with the security forces.
On the other hand, there is no indication that since his departure from
Turkey in 1996 the members of his family, and notably his son, have
been sought or intimidated by the Turkish authorities. Moreover, the
Committee takes note of the information furnished by the Swiss
Embassy in Ankara, which establishes that the Turkish police have no
file on the author.
6.7 In these circumstances, the Committee considers that the author
has not furnished sufficient evidence to justify his fear of arrest and
torture on his return.
6.8 The Committee against Torture, acting under article 22, paragraph
7, of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, considers that the decision of
the State party to return the author to Turkey does not constitute a
breach of article 3 of the Convention.
Note