CAT/C/32/D/214/2002
Page 13
12.2 The State party recalls that it has complied with the Committee’s request not
to expel the complainant pending a final decision on his complaint, despite the final
rejection of his first asylum application, the rejection by the Federal Agency to reopen
asylum proceedings and the dismissal by the Frankfurt Administrative Court of his
request for interim relief. Against this background, the State party requests the
Committee to adopt a decision on the merits of the complaint at its earliest
convenience.
Issues and proceedings before the Committee
13.1 The issue before the Committee is whether the forced return of the author is
Turkey would violate the State party’s obligation 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.
13.2 The Committee must decide, pursuant to paragraph 1 of article 3, whether
there are substantial grounds for believing that the author would be in danger of being
subjected to torture upon return to Turkey. In reaching this decision, the Committee
must take into account all relevant considerations, pursuant to article 3, paragraph 2,
including the existence of a consistent pattern of gross, flagrant or mass violations of
human rights. In this regard, the Committee notes the State party’s argument that the
Turkish Government acted to improve the human rights situation, including through
the enactment of the Reintegration into Society Act in 2003 and the discontinuance of
numerous criminal proceedings against PKK supporters. It also notes the
complainant’s argument recent legislative changes have not reduced the number of
reported incidents of torture in Turkey (770 cases in 2003), and further recalls its
conclusions and recommendations on the second periodic report of Turkey, in which
it expressed concern about “[n]umerous and consistent allegations that torture and
other cruel, inhuman or degrading treatment of detainees held in police custody are
apparently still widespread in Turkey.”3
13.3 The aim of the present determination, however, is to establish whether the
complainant would be personally at risk of being subjected to torture in Turkey after
his return. Even if a consistent pattern of gross, flagrant or mass violations of human
rights existed in Turkey, such existence would not as such constitute a sufficient
ground for determining that the complainant would be in danger of being subjected to
torture after his return to that country; specific grounds must exist indicating that he
would be personally at risk. Similarly, the absence of a consistent pattern of gross
violations of human rights does not mean that a person cannot be considered to be in
danger of being subjected to torture in his or her specific circumstances.
13.4 In the present case, the Committee notes that the State party draws attention to
a lack of evidence about the complainant’s participation in a PKK training camp in
the Netherlands in 1994, and to his failure to raise this claim until late in the asylum
proceedings. It equally notes the complainant’s explanations relating to the difficulty
of presenting witnesses from the PKK, his fear to reveal his claimed PKK
3
Committee Against Torture, 30th Sess. (28 April-16 May 2003), Conclusions and recommendations of
the Committee Against Torture: Turkey, UN Doc. CAT/C/CR/30/5, 27 May 2003, at para. 5 (a).