CAT/C/23/D/107/1998
page 6
produce a false document. The author asked his father to send him evidence, not to forge a
document. He does not know how his father obtained the document but there is nothing to
indicate that the document is a forgery. In a telephone conversation on 23 December 1996, the
father told counsel that he had had to go to the police station several times in order to obtain the
document.
5.2
As for the argument that the author was unlikely to place himself at risk again, counsel
claims that many Kurds in Turkey are suspected by the police of collaborating with the PKK, in
spite of which they continue to work for the organization.
5.3
As for the argument that the author’s father should have been prosecuted, counsel says
that the father is a sick old man who does not belong to the sector of the population that normally
joins the guerrilla movement, i.e. the younger generation. The author, however, clearly informed
the Swiss authorities that his father had been held in police custody for one week, during which
time he was questioned two or three times about his whereabouts.
5.4
Counsel considers that it is not realistic to ask the author to provide a copy of his cousin’s
criminal record. The author left Turkey shortly after his cousin’s arrest and does not know
whether his cousin had a lawyer. Only a lawyer would have been in a position to provide such
documents, since his cousin’s wife, children and mother left the country and the author has no
contact with them. Counsel says that the Swiss authorities should have been able to obtain that
kind of document.
5.5
Counsel adds that the PKK member who contacted him and his father and asked them to
make the shoes knew through the author’s cousin that the author and his father were PKK
sympathizers, so that he did not run the kind of risk referred to by the State party.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a communication, the Committee against
Torture must decide whether or not it is admissible under article 22 of the Convention. The
Committee 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. The Committee 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.
Since both the State party and the author’s counsel 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 forced return of the author is Turkey
would violate the obligation of Switzerland under article 3 of the Convention not to expel or to
return a person to another State where there are substantial grounds for believing that he would
be in danger of being subjected to torture.
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