4.7 In the State party's opinion, there is no element in the author's escape
from Turkey or in his activities in the Netherlands that provides substantial
grounds for believing that he faces a personal risk of being tortured if he
were to be returned in Turkey.
Counsel comments
5.1 In a submission of 26 January 2000, counsel for the author made her
comments on the observations of the State party.
5.2 With regard to the Kurdish origin of the author, counsel makes a few
remarks in order to explain the confusion that may have emerged during the
various interviews. Nevertheless, the ethnic origin of the author is no longer
disputed by the State party. Counsel also notes that PKK does not have a
membership system for security reasons, which partly explains why the
author was not a "member" of any organization.
5.3 Counsel argues that the problems faced by the author while he was in
Turkey would indeed draw the attention of the Turkish authorities if the
author returned to his country. She also notes that it is usual for more
information to become available towards the end of the procedure because
more questions are asked and because the author, with only a primaryschool education, may have had some difficulties in understanding questions
at the beginning of the procedure. Counsel also argues that people applying
for refugee status as soon as they arrive in the State party do not have
sufficient time to reflect on their declarations and are subjected to a
significant number of obligations during the first weeks of the procedure,
which may sometimes lead to confusion.
5.4 Concerning Tunceli, the region of origin of the author, counsel contends
that life there has indeed become intolerable and, because the place is a
symbol of Kurdish resistance, notes that any person from this area would
encounter problems throughout Turkey; this implies that the author could
not easily resettle in another part of Turkey. Counsel quotes in this regard
the Dutch Foreign Minister who stated that the fact of refusing to be a
village guard is interpreted as implicit support for the PKK.
5.5 With regard to the demonstration that took place in The Hague on 17
February 1999, counsel mentions that A. Kisaoglu, a Kurd of Dutch
nationality, was arrested in Turkey a few days after the demonstration and
badly tortured for five days. According to counsel, the Turkish authorities
arrested him because they were informed that his son had been arrested
during the demonstration in The Hague. However, it appeared later that this
was not the case. Counsel considers that this incident demonstrates that the
Turkish authorities can obtain information about political events related to