CAT/C/32/D/135/1999
Page 10
to the discrepancies in the timing of the events of 10 May 1997, he states that the
times given to the Dutch authorities were estimates only, and that he was very
frightened at the time of the incident, which impaired his perception. He further states
that he cannot be asked to account for the reasons why the Turkish authorities did not
demand names from him prior to releasing him. Finally, he notes that the authenticity
of the police ‘summons’ to his father for information about his whereabouts had not
been contested by the State party.
5.2 The complainant contends that Turkey is a state with a consistent pattern of
human rights abuses, that he was tortured in the past by Turkish police,16 that he was
engaged in political and other activities inside and outside Turkey which make him
particularly vulnerable to a risk of torture upon his return, and that the accounts of his
experiences are consistent. The Committee should therefore conclude that the return
of the complainant to Turkey would constitute a violation of article 3 of the
Convention.
Issues 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
considered under another procedure of international investigation or settlement, and
that no obstacle to admissibility arises in this regard. The Committee notes that the
State party does not object to the admissibility of the complaint. As the Committee
sees no further obstacles to the admissibility of the communication, it declares the
complaint admissible and proceeds to its consideration on the merits.
6.2 The Committee must determine whether the forced return of the complainant to
Turkey would violate the State party’s obligations under article 3, paragraph 1 of the
Convention not to expel or return (‘refouler’) an individual to another State where
there are substantial grounds for believing that he would be in danger of being
subjected to torture. In reaching its conclusion, the Committee must take into account
16
Note: he states here that he was tortured in both 1995 and 1997, although the initial complaint refers
only to 1995. Presumably, the torture referred to from 1997 relates to the authorities allegedly
threatening to kill him if he did not agree to act as an informer.