4.4
The State party does not see how the situation of his younger brother V., an asylum-seeker in
Switzerland, whatever his psychological state, can have anything to do with the alleged risks of torture faced
by the author. As for the brother who stayed in Turkey, while he may have changed his name to avoid
persecution, it should be stressed that the author's mother, ex-wife and children also live in Turkey and have
kept the same name. The State party is therefore of the view that the brother's change of name owes more to
the fact that the surname D. is very widespread in Turkey than to a real fear of persecution.
4.5
With regard to the author's divorce, the State party wonders why it took place only three years after the
author's departure and why it was not his wife who applied for it if the aim of the divorce was purely, according
to the author's statements, to avoid her continued persecution. The State party believes the reasons for the
divorce have more to do with the irreparable breakdown of the marriage, as mentioned on the separation
certificate. This impression is confirmed by the author's request for publication of a notice of intent to marry,
submitted in February 1999 and withdrawn a few weeks later.
4.6
The State party recalls the Committee's general comment on the implementation of article 3 of the
Convention, according to which the risk of torture "must be assessed on grounds that go beyond mere theory
or suspicion", even though "the risk does not have to meet the test of being highly probable". In the light of
the above, the State party does not consider that the author has demonstrated that the risk of "deliberate
persecution" is highly probable. Indeed, according to information provided by the Swiss embassy in Ankara,
there is no political file on the author or any file in which it is stated that he has committed a crime under
ordinary law; neither the local nor the national police or gendarmerie are looking for him and there are no
restrictions at all on his use of a passport. Someone from his village also confirmed that the author had left over
10 years earlier and had settled in Istanbul before leaving for Switzerland.
4.7
On the question of the allegations of torture and ill-treatment suffered by the author in the past, the
State party first draws attention to the factors to be taken into account according to the general comment on the
implementation of article 3 of the Convention. On the basis of this, it then refers to the observations made by
the Swiss authorities on the author's application for asylum and notes that the author produced two letters from
a lawyer explaining his problems which contained numerous spelling and syntactical mistakes and which had
been drafted in a very unprofessional way. The author argues that the lawyer was a Kurd and did not know
Turkish very well, but the State party points out that Turkish is the official language in Turkey, that the laws
are written in Turkish and that lawyers' training is given in Turkish. It is therefore highly unlikely that a lawyer
would not know Turkish well. The State party also points out that the author makes no further mention of an
accommodation document from the Muthar of Bazlama and a forged letter from the Karakocan public
prosecutor, and this would suggest that the author no longer contests the observations by the Swiss authorities
in this regard. The State party then states that no probative value can be attached to the medical report that is
supposed to prove that acts of torture took place. For one thing, the report asserts that the "treatment" lasted
from 23 May to 3 June 1985, whereas the author has said he was released on 29 June 1985; for another, the
author's description of the torture he underwent 6 including blows, burns, paralysis of two fingers and electric
shocks to the genitals 6 does not correspond to what is described in the medical report. Lastly, the State party
draws attention to the contradictory statements in which the author claimed on one occasion that, after seven
days in detention, he had been taken before a prosecutor who released him after his family paid a sum of money
to an "Oberleutnant" (lieutenant-colonel) and, on another occasion, that he had never been taken before a
prosecutor and that his uncle had paid a security to either a judge, a prosecutor, or a "Hauptmann" (captain)
or an "Oberst" (colonel).
4.8
The State party also considers that, even if the author was indeed tortured, there is no satisfactory
causal link between his detention and his flight from Turkey. According to previous decisions of the
Committee, the foreseeable nature of the risk seems in practice to mean that a causal relationship must be
established between the persecution suffered and the reasons for fleeing. In the view of the State party, this
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