Annex VII
DECISIONS OF THE COMMITTEE AGAINST TORTURE
UNDER ARTICLE 22 OF THE CONVENTION
A. Decisions on merits
Communication No. 135/1999
Submitted by:
S.G. (represented by counsel, Ms. Mariette Timmer)
Alleged victim:
Complainant
State party:
Netherlands
Date of complaint:
19 July 1999
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 12 May 2004,
Having concluded its consideration of complaint No. 135/1999, submitted to the
Committee against Torture by S.G. under article 22 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant, his
counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention.
1.1
The complainant is S.G., a Turkish national born in 1965, currently residing in
the Netherlands and awaiting deportation to Turkey. He claims that his forcible return to Turkey
would constitute a violation by the Netherlands of article 3 of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. He is represented by counsel.
1.2
On 18 August 1999 the Committee transmitted the complaint to the State party; pursuant
to rule 108, paragraph 9, of the Committee’s rules of procedure, the State party was requested
not to expel the complainant to Turkey, pending consideration of his case by the Committee. By
note dated 13 October 1999, the State party acceded to this request.
Facts as submitted by the complainant
2.1
The complainant is a Turkish national of Kurdish ethnic origin from the city of Batman in
eastern Turkey. In 1993 he became a supporter of the National Liberation Front of Kurdistan
(ERNK), the political wing of the PKK. In 1994 the complainant became a member of the
People’s Democratic Party (HADEP). He participated in meetings, and collected money and
food for Kurds who were forceda to leave their villages and relocate to Batman.
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