CAT/C/32/D/214/2002 Page 5 in the blockade could easily be inferred from his conviction of joint coercion in road traffic, since the judicial records exchanged between German and Turkish authorities indicate the date of a criminal offense. In the absence of witnesses of his participation in the PKK training course, which was to be kept secret, he claims the benefit of doubt for himself. He refers to the Committee’s General Comment No. 1, which provides that, for purposes of article 3 of the Convention, the risk of torture “does not have to meet the test of being highly probable”. 3.3 Moreover, the complainant refers to the written testimony by a Mr. F. S., dated 6 July 2002, in which the witness declared that he had traveled to the Kurdish festival in the Netherlands in 1994 together with the complainant, who had publicly declared to participate in the PKK. 3.4 The complainant explains the apparent contradiction between the PKK’s policy of secrecy and the public presentation of 25 guerilla candidates in front of 60.000 to 80.000 people at the Halim-Dener-Festival with the campaign, initiated by Abdullah Öcalan in March 1994, of demonstrating the Organization’s presence and capacity to enforce its policies throughout Europe. His exemption from the duty to undergo military PKK training was only temporary, pending a final decision to be taken in May 1995. In any event, inconsistencies in the official PKK policy could not be raised against him. 3.5 As regards the burden of proof within national proceedings, the complainant submits that, pursuant to section 86 of the Code of Administrative Court Procedure, the administrative courts must investigate the facts of a case ex officio. He was therefore under no procedural obligation to prove his PKK membership. By stating that he took part in a PKK training course from September 1994 to January 1995, the complainant considers to have complied with his duty to cooperate with the courts. 3.6 As to the Turkish authorities’ knowledge of his PKK membership, the complainant contends that there can be no doubt that the Turkish secret service observed the events taking place at the Halim-Dener-Festival in 1994. Moreover, he claims to have seen one of his training officers at the Maastricht camp, called “Yilmaz”, on Turkish television after his arrest by Turkish police. “Yilmaz” reportedly agreed to cooperate with Turkish authorities, thereby placing the participants of the training camp at risk of having their identities revealed. The complainant further claims that one of his neighbour villagers told him that another participant of the training camp, called “Cektar”, to whom he had close contact during the course, was captured by the Turkish army. It can be reasonably assumed, according to the complainant, that “Cektar” was handed over to the police for interrogation and tortured in order to extract information on PKK members from him. 3.7 The complainant concludes that, upon return to Turkey, he would be seized by Turkish airport police, handed over to specific police authorities for interrogation, and gravely tortured by those authorities. From previous views of the Committee he infers that the Committee found instances of torture by Turkish police likely to happen when the authorities were informed about a suspect’s collaboration with the PKK.

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