CAT/C/50/D/431/2010
expressly accepted the described events as proven. She further clarifies that her fear in case
of return is twofold: first, it must be expected that she would be detained by the police
immediately upon her entry into Turkey and would be interrogated, intimida ted and
mistreated; second, it must be expected that she would be put under the same system of
constant surveillance, persecution, detentions and intimidation she had suffered before
escaping from Turkey and which had led to her severe mental health pro blems. As to the
State party���s reference to the criteria set out in the Committee’s general co mment No. 1, she
notes that the criterion in paragraph 8 (c) refers not only to whether there exists independent
proof of torture – as outlined by the State party – but also to whether the torture had any
after-effects. This clarification is important as she suffered such after-effects.
5.2
With respect to the State party’s observations on the human rights situation in
Turkey and the reference to the Committee’s case law on returns to Turkey (see paras. 4.3–
4.4 above), the complainant reiterates the individual elements contributing to the real risk as
outlined in her complaint. In addition, she recalls again the case law of the Federal
Administrative Tribunal, which was confirmed in a judgment of 25 October 2010 (E6587/2007), that persecution of relatives of politically active persons (hereinafter “family
persecution”) continued to be applied by the Turkish authorities and that such repression
could be the basis for serious risk in the sense of article 3 of the Swiss Asylum Act. The
Tribunal further stated that the probability of becoming exposed to such family persecution
was particularly high in cases where the politically active family members were wanted by
the police and the authorities had cause to believe that the relative in question had close
contact with the wanted family member. The Tribunal, quoting numerous reports by
international organizations, confirmed that the human rights situation in Turkey had
essentially remained unchanged since 2005. Based on the above, the complainant claims
that in her case the Tribunal has not complied with its own case law, according to which
she runs a risk of being persecuted if returned to Turkey.
5.3
With regard to the State party’s argument about the lack of a sufficient causal link
between her arrest in 1998 and her escape from Turkey in 2008, the complainant recalls
that her asylum request was not based only on the events of 1998, but also on the continued
persecution and intimidation she suffered until she left Turkey in 2008, as well as on the
risk of family persecution she runs because of her close relationship with her sister.
Therefore, the events in 1998 mark one important element among others in establishing the
risk of torture in case of return to Turkey and must be seen in the context of ongoing
persecution she suffered until the recent past and the significant risk of family persecution
she is running. Accordingly, the State party’s reference to the case of M.F. v. Sweden does
not seem warranted, as in that case the Committee had no information, other than the illtreatment suffered by the complainant six years earlier, on why the co mplainant should
have been of interest to the authorities .
5.4
The complainant notes that the State party in principle admits the key elements on
which the complaint is based, that is, the severe mistreatment in 1998, her subsequent
harassment by the Turkish authorities (although it contests the intensity and duration of
such harassment) and the political activities of her sister leading to significant risk of family
persecution. She contests the State party’s argument about contradictions regarding the
periods of time during which she had been harassed by the Turkish authorities, claiming
that no such discrepancies exist, as she has already explained in detail in her appeal against
the negative decision of the Federal Office for Migration.
5.5
In response to the State party’s observations that her claims of repeated detention
and harassment seem unlikely (para. 4.8 above), that it would appear improbable that the
Turkish authorities would persecute her for years and then be informed in 2008 by her own
family about the fact that her sister had actually left Turkey (para. 4.9), and that she was not
indicted for having helped her sister flee Turkey (para. 4.10), the complainant reiterates the
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