not in Bern where he lives. Nevertheless, the author regularly attends
its meetings.
5.9 Concerning the State party's doubts that the author had lived with
a friend who worked for PKK, the author maintains that his friend
had completely concealed his activities from the security forces. The
security forces had, however, visited Mr. K. in order to prevent him
from participating in certain activities. Mr. K. was quite old and died
in 1999.
Issues and proceedings before the Committee
6.1 Before considering any of the allegations in a communication, the
Committee against Torture must decide whether or not the
communication is admissible under article 22 of the Convention. It
has ascertained, as it is required to do under article 22, paragraph 5
(a), of the Convention, that the same matter has not been and is not
being examined under another procedure of international
investigation or settlement. It also notes that all domestic remedies
have been exhausted and that the State party has not contested the
admissibility of the communication. It therefore considers that the
communication is admissible. As both the State party and the author
have provided observations on the merits of the communication, the
Committee proceeds with the consideration of those merits.
6.2 The issue before the Committee is whether the return of the
author to Turkey would violate the obligation of the State party under
article 3 of the Convention not to expel or return a person to another
State where there are substantial grounds for believing that he would
be in danger of being subjected to torture.
6.3 The Committee must decide, pursuant to article 3, paragraph 1,
whether there are substantial grounds for believing that the author
would be in danger of being subjected to torture if he was returned to
Turkey. In reaching this decision, the Committee must take into
account all relevant considerations, pursuant to article 3, paragraph 2,
including the existence of a consistent pattern of gross, flagrant or
mass violations of human rights. The aim of the determination,
however, is to establish whether the individual concerned would be
personally at risk of being subjected to torture in the country to which
he or she would return. The existence of a consistent pattern of gross,
flagrant or mass violations of human rights in a country does not as
such constitute a sufficient ground for determining that a particular
person would be in danger of being subjected to torture upon his or
her return to the country. There must be other grounds indicating that