5.3
As for the argument that the author's father should have been prosecuted, counsel says that the father
is a sick old man who does not belong to the sector of the population that normally joins the guerrilla
movement, i.e. the younger generation. The author, however, clearly informed the Swiss authorities that his
father had been held in police custody for one week, during which time he was questioned two or three times
about his whereabouts.
5.4
Counsel considers that it is not realistic to ask the author to provide a copy of his cousin's criminal
record. The author left Turkey shortly after his cousin's arrest and does not know whether his cousin had a
lawyer. Only a lawyer would have been in a position to provide such documents, since his cousin's wife,
children and mother left the country and the author has no contact with them. Counsel says that the Swiss
authorities should have been able to obtain that kind of document.
5.5
Counsel adds that the PKK member who contacted him and his father and asked them to make the
shoes knew through the author's cousin that the author and his father were PKK sympathizers, so that he did
not run the kind of risk referred to by the State party.
Issues and proceedings before the Committee
6.1
Before considering any claims contained in a communication, the Committee against Torture must
decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as
it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and
is not being examined under another procedure of international investigation or settlement. The Committee
also notes that all domestic remedies have been exhausted and that the State party has not contested the
admissibility of the communication. It therefore considers that the communication is admissible. Since both
the State party and the author's counsel have provided observations on the merits of the communication, the
Committee proceeds with the consideration of those merits.
6.2
The issue before the Committee is whether the forced return of the author is Turkey would violate the
obligation of Switzerland 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.
6.3
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 paragraph
2 of article 3, including the existence of a consistent pattern of gross, flagrant or mass violations of human
rights. The aim of the determination, however, is to establish whether the individual concerned would be
personally at risk of being subjected to torture in the country to which he or she would return. The existence
of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such
constitute a sufficient ground for determining that a particular person would be in danger of being subjected
to torture upon his return to that country; specific grounds must exist indicating that the individual concerned
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.
6.4
The Committee recalls its general comment on the implementation of article 3 which reads:
"Bearing in mind that the State party and the Committee are obliged to assess whether there
are substantial grounds for believing that the author would be in danger of being subjected to torture
were he/she to be expelled, returned or extradited, the risk of torture must be assessed on grounds that
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