CAT/C/32/D/214/2002 Page 11 9.9 By reference to reports of, inter alia, the Human Rights Foundation of Turkey, the complainant submits that, despite the efforts of the new Turkish government to join the European Union, torture is still widespread and systematic in Turkey, in particular with regard to suspected PKK members. State party’s additional submission and complainant’s comments 10.1 On 29 October 2003, the State party contests the complainant’s credibility and that he faces a risk of torture in Turkey. It submits that the complainant did not describe the severity of the alleged torture to the Federal Agency for the Recognition of Foreign Refugees on 2 May 1991, but only eight and a half years later during the appeal proceedings. This raises fundamental doubts about his credibility, which is further undermined by his inability to explain the extent and prominence of his political activities for the PKK in exile. 10.2 The State party contests that the complainant’s expectation to be recognized as a refugee merely on the basis of his conviction for participation in a highway blockage was reasonable. It cites two judgments denying refugee status to asylum seekers in similar circumstances. 10.3 As regards the standard of proof, the State party submits that a complainant should be expected to present the facts of the case in a credible and coherent manner, unlike in the present case. 10.4 Lastly, the State party argues that the human rights situation in Turkey has improved significantly. The Turkish Government has demonstrated its intention to facilitate the unproblematic return of former members or followers of PKK and to respect their fundamental rights by adopting the Act on Reintegration into Society on 29 July 2003. At the same time, the scope of application of Section 169 of the Turkish Criminal Code was reduced considerably, resulting in the discontinuance of numerous criminal proceedings against PKK supporters. In the past three years, not a single is reported where an unsuccessful asylum seeker who returned to Turkey from Germany was tortured “in connection with former activities”. The State party indicates that it would monitor the complainant’s situation after his return. 11.1 On 30 January 2004, the complainant reiterates that inconsistencies in his first application for asylum are irrelevant for the assessment of his new claims in the second set of proceedings. His second asylum application was based on his participation in a PKK training course as well as the Turkish authorities’ knowledge of the same. 11.2 For the complainant, the Sate party has conceded that training for a PKK leadership role can place a member at danger upon return to Turkey. It should therefore accept his claim that his activities for the PKK and his introduction as a guerilla candidate place him at such risk. 11.3 As to the reasons for the late disclosure of his participation in the PKK training course, the complainant reiterates that, on the basis of the unanimous jurisprudence of the administrative courts in Hessen, where he resides, he could