CAT/C/50/D/431/2010
entry into Turkey that she has been in Switzerland with her sister, where she had sought
asylum; (g) numerous international organizations as well as the recent case law of the
Federal Administrative Tribunal confirm that the human rights situation in Turkey has
remained largely unchanged, particularly for Kurds, and that arbitrary arrests, mistreatment
and torture of persons accused of pro-Kurdish activities or their close relatives are still to be
considered standard procedure; (h) she has suffered from mental illness for many years, has
been treated by the TOHAV torture rehabilitation centre in Istanbul for four years and is
under treatment with a psychiatrist who has confirmed that she would not be able to cope
with another arrest by the Turkish authorities.
State party’s observations on the admissibility and the merits
4.1
By note verbale of 16 February 2011, the State party submitted its observations. It
provides a brief summary of the facts of the complainant’s case and of her allegations in the
context of the asylum proceedings which reflects the information supplied by the
complainant in paragraphs 2.1-2.8 above. The State party notes that the complainant claims
before the Committee that she would be arrested and ill-treated upon return to Turkey, in
violation of article 3 of the Convention. She further claims that she suffers from mental
health problems and that, in case of return, she runs a serious risk of suicide. The State
party submits that, with the exception of the allegation concerning her mental health
problems, the complainant relies on the same facts and claims as have been submitted
before national authorities, and provides no new information that would call into question
the decision of the Federal Office for Migration of 19 March 2010 and the judgement of the
Federal Administrative Tribunal of 5 August 2010.
4.2
The State party submits that, according to article 3 of the Convention, States parties
are prohibited from expelling, returning or extraditing a person to another State where there
exist substantial grounds to believe that he or she would be subjected to torture. To
determine the existence of such grounds, the competent authorities must take into account
all relevant considerations, including, where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant or mass violations of human rights. The
State party recalls the criteria established by the Committee in its general comment No. 1
(1997) on the implementation of article 3 of the Convention in the context of article 225
which require the complainant to prove that he or she runs a personal, present and
substantial danger of torture if deported to his or her country of origin. The existence of
such a risk must be assessed on grounds that go beyond mere theory or suspicion; the
alleged facts need to demonstrate that such a risk is serious. The State party recalls that
paragraph 8 of the Committee’s general comment requires, inter alia, that the following
information be taken into account when assessing the risk of expelling someone: evidence
of the existence in the State concerned of a consistent pattern of gross, flagrant or mass
violations of human rights; allegations of torture or ill-treatment in the recent past as well as
the existence of evidence from independent sources in this regard; the complainant’s
political activities in and outside his or her country of origin; existence of evidence as to the
credibility of the complainant; and existence of relevant factual inconsistencies in the
complainant’s claim.
4.3
In order to assess whether there are serious grounds to believe that a complainant
would be at risk of torture in case of forcible removal, the Committee must take into
account all pertinent considerations, in particular the existence of a consistent pattern of
gross, flagrant or mass violations of human rights in the receiving State. The purpose of the
5
Official Records of the General Assembly, Fifty-third Session, Supplement No. 44 (A/53/44 and
Corr.1)), annex IX.
7