CAT/C/50/D/431/2010
particular for Kurdish activists and their relatives, she would be at high risk if returned to
Turkey, and her forced return would also severely damage her very fragile mental health.
2.15 On 5 August 2010, the Federal Administrative Tribunal issued its judgement on the
merits of the case, upholding the decision of the Federal Office for Migration. It confirmed
the view of the Federal Office, finding credible the events of 1998 and some intimidation
incidents the complainant had suffered afterwards. However, it found not credible the
persecutions that had allegedly occurred after 2002 as it appeared very unlikely that the
Turkish authorities would have continued to persecute the co mplainant for many years
without finding out prior to 2008 that her sister had obtained asylum in Switzerland. The
fact that no indictment had been issued against the complainant for allegedly helping her
sister to escape demonstrated that the Turkish authorities considered her blameless with
respect to this event. The Tribunal considered that the complainant had invented essential
elements of her persecution in order to support her asylum request, and concluded that
neither her allegations nor the documents available indicated that she would face a real risk
of treatment contrary to article 3 of the European Convention on Human Rights or article 1
of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment upon her return to Turkey. Finally, it stated that the complainant did not suffer
from any disease that could impede the execution of the removal order.
2.16 On 9 August 2010, the Federal Office for Migration requested the complainant to
leave Switzerland by 6 September 2010.
2.17 The complainant states that following her departure from Turkey she suffered
several breakdowns. In June 2010 she consulted a psychiatrist and followed the prescribed
psychotherapy. After learning of the judgement of the Federal Administrative Tribunal, she
suffered a mental health crisis and the psychiatrist adapted her therapy to crisis
intervention. According to a medical report of 23 August 2010, the complainant suffers
from depressive episodes with somatic syndromes, dissociative convulsions and a suspected
(the diagnosis was still ongoing at the time of submission of the complaint) post -traumatic
stress disorder. The report considered that the then condition of the complainant would not
allow for her return to Turkey. Her fear that she would be arrested and mistreated again
upon return led to dissociative convulsions. Her return to Turkey would lead to further
deterioration of her state of health with a serious risk of suicide. On 26 August 2010, the
medical report was submitted to the Basel cantonal office for migration in charge of the
enforcement of the deportation order, together with a request to suspend her deportation for
medical reasons.
The complaint
3.1
The complainant claims that her deportation to Turkey would be in violation of
article 3 of the Convention. She maintains that, upon return, she would be detained,
interrogated, intimidated and mistreated by the police. She could also be subjected to the
same system of constant surveillance, persecution, detentions and intimidation she had
suffered in the past, which had led to severe mental health problems.
3.2
In support of her allegations, the complainant recalls that: (a) she had been arrested
and severely mistreated for seven days in 1998, a fact not contested by the Swiss migration
authorities; (b) she had been arrested repeatedly for short periods of time when visiting her
sister in prison; (c) she has been under tight surveillance with regular intimidation and
short-term detentions ever since her sister engaged in illegal pro-Kurdish activities; (d) she
has worked for many years for the MCC, an organization considered by the Turkish
authorities closely linked to the PKK; (e) her sister has been sentenced to lifelong
imprisonment for illegal pro-Kurdish activities and for the alleged murder of a policeman,
and her extradition from Switzerland had been refused based on the principle of nonrefoulement; (f) the Turkish authorities know or would know upon the complainant ’s re6