CAT/C/50/D/431/2010
gave folk-dance lessons. She comes from a family well known for its liberal pro-Kurdish
political views and activities.
2.2
The complainant shares a remarkable physical resemblance with her elder sister, X.
Her sister was very active politically and joined the Leninist Guerrilla Troops of the illegal
Communist Labour Party of Turkey/Leninist. On this account, she was wanted by the
police, who regularly searched for her at their home and threatened to arrest the
complainant, in order to force X. to surrender. The complainant’s sister was arrested in
1995 and was tortured by the police to make her disclose her activities for the Communist
Labour Party of Turkey/Leninist. Since she refused to do so, the police began again to
threaten the family in order to force X. to talk. The complainant was held under arrest for
one day and beaten by the police in order to force her sister to testify.
2.3
In 2001-2002, the complainant’s sister participated in a countrywide death-fast
carried out by political prisoners and refused food for 180 days. She was released from
prison on parole for six months, together with many other participants in the hunger strike,
in order to restore her health. She had to commit to live at her parents’ home, to cease the
hunger strike and to return to prison after six months. Despite tight surveillance by the
security authorities, the family managed to organise X.’s escape to Switzerland. She was
granted asylum in Switzerland on 31 October 2003. In 2006, the Turkish police put her on
the International Criminal Police Organization (INTERPOL) list. On 29 April 2008, after
becoming aware that X. lived in Switzerland, the Turkish authorities requested her
extradition; the request was refused by Switzerland based on the principle of nonrefoulement.
2.4
Since the arrest of her sister in 1995, the complainant had visited her in prison at
least once a week and during the hunger strike every day. During each visit, the
complainant was detained by the prison guards. She was singled out at the end of the visit,
was body searched, her face was palpated and her fingerprints were taken . Apparently the
security personnel suspected that she might make use of her physical resemblance to her
sister in order to replace her and allow her to leave the prison. The complainant was put
under surveillance, she was regularly followed and her telephone was tapped, the
authorities apparently suspecting her of engagement in the same activities as her sister and
of having taken over her activities in the political underground movement. The fact that the
complainant had begun to work for the MCC further increased their suspicion. The MCC is
considered an institution of the Kurdish Workers Party (PKK) and is closely monitored by
the Turkish security authorities.
2.5
On 1 February 1998, the police raided the complainant’s house and arrested her. She
was taken into custody for seven days, was blindfolded and was brutally mistreated,
including in the area of her private parts, sexually harassed and deprived of food. She was
indicted for possession of an illegal leaflet and for attending the funeral of a politically
active person, but was released for lack of evidence. However, the persecution by police
and security authorities continued. She was regularly arrested for short periods, interrogated
and intimidated either during the visits to her sister in prison or at her workplace.
2.6
Following her sister’s escape in August 2002, the police continued surveillance of
the complainant. They were convinced that X. was hiding within the country and they
evidently hoped that the complainant would lead them to her. They were also concerned
that the complainant would make use of the physical resemblance with her sister to allow
X. to move freely. In addition, the intimidation was a means to maintain pressure on X. to
surrender. Also, the complainant herself had become highly suspicious to the authorities not
only because of her close ties to X., but also for her own activities within the MCC. When
they realized in 2006 that X. had fled Turkey, the surveillance intensified, since the
complainant had become the only target and was suspected of having helped her sister to
escape and of taking over her role in the political underground movement.
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