CAT/C/38/D/281/2005** Page 4 State party’s observations on admissibility 4.1 On 1 January 2005, the State party challenged the admissibility of the communication, because the complainant did not produce sufficient proof in support of her allegation that in case of removal she would be at a foreseeable, real and personal risk of being subjected to torture or other inhuman treatment within the framework of article 3 of the Convention. 4.2 The State party observes that the general situation in Turkey at present does not allow to assume that persons (among them Kurds) deported to Turkey face any danger of torture. In 2003, the Reintegration into Society Act was adopted with the aim to stop the persecution of PKK members; several European Union Countries share this view. 4.3 The State party reiterates that under the jurisprudence of the Committee, a consistent pattern of gross violations of human rights in the country does not give sufficient grounds for the determination of a real risk of being tortured in the event of deportation; there must be “special grounds” indicating that an individual, personally, is facing a threat of being tortured. As pointed out by the Committee, substantial grounds must exist for an individual to claim that he or she faces a foreseeable, real and personal risk of being subjected to torture in the accepting country. The State party recalled the Committee’s view that the burden of proof lies on the complainant and the risk of torture must be estimated on more serious grounds than those of mere theory and suspicion. 4.4 According to the State party, the above criteria are inconsistent with the author’s allegation, to the effect that she “very probably” would face torture if extradited, because of an event that occurred as long ago as 1993. 4.5 The State party invoked the Committee’s General Comment No.1, pursuant to which the risk has to be “highly probable, personal and present”. An incident that took place almost 13 years ago cannot be considered as “recent”. Besides, the applicant did not present any proof about her mistreatment, as is suggested on items (b) and (c) of the General Comment. 4.6 The State party observed that the Committee has constantly affirmed that the appraisal of facts and of proof on a certain case is not a prerogative of the Committee, but of the courts of the States parties to the Convention, if these courts do not violate the principle of independence; according to the State party this is not the case in the complainant’s case. 4.7 In the present case, the courts of Azerbaijan have not determined the existence of “special grounds” and the presence of a “real, foreseeable and personal” risk of E.P. to undergo torture, if returned to Turkey. The complainant also did not carry out any political activity, which would have exposed her to particular risks. 4.8 The State party also affirmed that it has received diplomatic assurances from Turkey about the application of Article 14 of the European Convention on Extradition on the ”Rule of Specialty” to Ms. Pelit. In case of her extradition, the complainant would not face any criminal prosecution for a crime committed prior to her transfer, other than the offence for which her extradition was requested.