6.3 The Committee must decide, pursuant to article 3, paragraph 1, whether there are substantial grounds for believing that the author would be in danger of being subjected to torture upon his 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. 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 would return. It follows that the existence of a consistent pattern of gross, flagrant or mass violations of human rights in a country does not as such constitute sufficient grounds for determining that a particular person would be in danger of being subjected to torture upon his return to that country. Other grounds must exist that indicate that the individual concerned would be personally at risk. Similarly, the absence of a consistent pattern of flagrant violations of human rights does not mean that a person might not be subjected to torture in his or her specific circumstances. 6.4 The Committee recalls its general comment on the implementation of article 3, which includes the following: "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 go beyond mere theory or suspicion. However, the risk does not have to meet the test of being highly probable" (A/53/44, annex IX, para. 6). 6.5 In the present instance, the Committee notes that the State party draws attention to inconsistencies and contradictions in the author's account, casting doubt on the truthfulness of his allegations. It also takes note of the explanations provided by counsel in this respect. 6.6 From the information submitted by the author, the Committee observes that the events that prompted his departure from Turkey date back to 1995. However, the arguments put forward by the State party with regard to the actual date on which the author arrived in Switzerland have not led the author to produce any arguments that might sway the Committee or to produce evidence of his presence in Turkey during the disputed period. 6.7 The Committee also notes that the author has not provided any evidence of his membership of, or his activities in, the PKK or YCK. 6.8 Lastly, the Committee believes that the arguments put forward by the author with regard to his call-up are marred by inconsistencies, that the author's apparent inability to produce the alleged convocations issued by the Turkish consulate in Geneva is questionable and that the only document produced to back up this part of the communication contains nothing that might establish the truthfulness of his version of events. 6.9 On the basis of the above considerations, the Committee takes the view that the information before it does not show that there are substantial grounds for believing that the author will be personally at risk of being subjected to torture if he is sent back to Turkey. 6.10 The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the State party's decision to return the author to Turkey does not constitute a breach of article 3 of the Convention. [Done in English, French, Russian and Spanish, the French text being the original version.] 153

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