CAT/C/46/D/352/2008 8.2 The State party also notes that the different medical reports submitted to the Committee mention that the complainant has declared having been tortured in Turkey. It contends, however, that the report of the “Ambulatorim Für Folter-und Kriegsopfer SRK” (Swiss Red Cross) of 16 December 2009 mentions that the complainant has explained that he had been detained and tortured, at the age of 25, for three months in a Police Office, and that he was administrated electroshocks on the genitals. The State party notes that this description is in contradiction with what the complainant has declared to the Swiss asylum authorities – i.e. that he has been arrested and ill-treated on several occasions, for one to two days, without mentioning having been tortured on his genitals. Therefore, the medical reports submitted by the complainant do not contradict the conclusion that the complainant’s mental problems are not caused by past torture. Additional information by the complainant 9.1 On 31 August 2010, the complainant’s counsel provided further clarifications. He admits that the State party was correct in noting that the report of the Ambulatorim Für Folter-und Kriegsopfer SRK (Swiss Red Cross) of December 2009 indicates that the complainant was arrested and tortured for three months. He explains, however, that the report reflected what was discussed with the complainant, in the absence of an interpreter. The counsel believes that the psychologist examining the complainant probably misunderstood his explanations. This is confirmed, according to counsel, by the text of a letter from two officials of the Ambulatorim Für Folter-und Kriegsopfer SRK dated 10 August 2010, according to which, it was assumed that the complainant has, at the time, said that he was imprisoned several times over a period of three months, and not for three full months. According to the officials in question, the complainant had refused the services of an interpreter, as he had no trust in his compatriots. 9.2 According to counsel, this is consistent with what the complainant has always claimed – his first arrest took place on 15 July 2000, and his last arrest was at the end of August 2000. Even if this period covers one and a half months, it should be remembered, according to counsel that these events took place more than ten years ago and a certain deviation in the complainant’s mind should be considered normal. 9.3 As to the alleged torture with electricity of the complainant, as reported by Dr. G., counsel, once again, considers that it is the result of a misunderstanding, due to the poor German language proficiency of the complainant and the absence of an interpreter. In a new letter, the Ambulatorim Für Folter-und Kriegsopfer SRKexplained that the patient, at the time, described feeling pain as if he was receiving electricity in his genitals, what was interpreted to be a description of past torture. The counsel assumes that when examining the complainant, Dr. G. was misled similarly, as the consultation again took place in the absence of an interpreter. 9.4 On 9 September 2010, the counsel submitted a letter from Dr. G., dated 7 September 2010. Dr. G. confirms that the consultation of the complainant in 2009 was held in the absence of an interpreter. Dr. G. explains that he might have misunderstood that the complainant had been tortured, while in reality he had told him that he feels a pain like receiving electricity on the genitals. According to counsel, this information is very important, given that the Ambulatorim Für Folter-und Kriegsopfer SRK studied the 2009 report of Dr. G. at the time, and may have been influenced by it. Issues and proceedings before the Committee 10.1 Before considering a claim contained in a communication, the Committee must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, first, as it is required to do under article 22, paragraph 5 (a), that the same 11

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