on entry into Turkey were systematic. He also pointed out that he was 17 years old when he returned, so that
there was nothing in his appearance to attract the attention of customs officers.
5.8
The author confirms the official nature of the statement by the mayor of Calgi and stresses that the
consulate's interpreter is often asked to work as a translator in Fribourg and knows how to be discreet while
respecting professional secrecy.
5.9
The author reiterates his belief that Kurdish draft-evaders are regularly sent to the south-eastern front
to fight against other Kurds and on this point refers once again to the statements of Denise Graf.
5.10
Lastly, the author presents as new factors the fact that his father died in Bursa on 11 February 2000 and
that because of his fears he had not wished to go to the funeral even though all his family would be there.
Furthermore, some new developments in the conflict between the Turkish Government and the Kurds have
convinced the author that the risks to his person are as great as ever. On the basis of various news stories, he
draws particular attention to the abuses committed by Hezbollah against the Kurds and to the fact that the
announcement by the PKK that it is giving up the armed struggle is mainly intended to save its leader's head.
As proof that the conflict really is continuing, the author recalls that three Kurdish mayors have recently been
arrested for their alleged links with the PKK.
Issues and proceedings 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 examined under another procedure of international investigation or settlement. In the case in point, the
Committee also notes that all domestic remedies have been exhausted and that the State party has not
contested the admissibility of the communication. It therefore considers the communication to be admissible.
Since both the State party and the author have provided observations on the merits of the communication, the
Committee proceeds immediately with the consideration of those merits.
6.2
The issue before the Committee is whether the forced return of the author to Turkey would violate the
obligation of the State party under article 3 of the Convention not to expel or to return a person to another State
where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.
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
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