CAT/C/54/D/544/2013 7.2 On 16 October 2014, the complainant submitted a further medical certificate issued by the consultation centre for victims of war and torture of Geneva University Hospitals, 24 dated 28 August 2014, which states that, although he has been receiving regular psychological treatment since 2011 (every two weeks), his state of health has been steadily deteriorating for several months, particularly the psychological symptoms, as he is suffering from severe depression resistant to pharmacological treatment and psychotherapy. The doctor refers to an underlying suicide risk, noting that the complainant is increasingly isolated socially, has daily nightmares that feature scenes of torture, and constantly feels that he is being pursued. He is unable to sleep, nervous and desperate. The uncertainty surrounding his application for asylum in Switzerland, the sense of injustice he feels because the Swiss authorities have not acknowledged that his life would be in danger if he were returned to Turkey, the recent death of a friend and fellow activist, and the fact that it is impossible for him to make plans for the future or work to support himself, are affecting his mental health. His deportation to Turkey would only expose him to further trauma. 7.3 The complainant also submits that the situation has changed for PKK members in Turkey. Referring to several press articles that were published on 14 October 2014, he recalls that the Turkish army recently bombed PKK positions, that the peace process between the two sides is in jeopardy, and that a return to armed struggle is looking more likely every day. 25 7.4 For the above reasons, the complainant maintains that it is unreasonable to force him to return to Turkey, in view of his state of health and the current political situation in Turkey. Issues and proceedings before the Committee Consideration of admissibility 8.1 Before considering any complaint contained in a communication, the Committee must decide whether 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. 8.2 The Committee notes that the State party is not contesting the admissibility of the communication. Considering that the complainant’s allegation under article 3 has been sufficiently substantiated, the Committee therefore declares the complaint admissible and proceeds to its examination on the merits. Consideration of the merits 9.1 The issue before the Committee is whether returning the complainant to Turkey would constitute a violation of the State party’s obligation, under article 3 of the Convention, not to expel or return (refouler) a person to a State where there are __________________ 24 25 10/12 Signed by the same doctor as the certificate issued on 22 May 2014, which is mentioned in the preceding paragraph. See, inter alia: “L’armée turque bombarde des positions du PKK” (Turkish army bombs PKK positions), Radio France Internationale, 14 October 2014; “La Turquie bombarde les rebelles kurdes du PKK” (Turkey bombs Kurdish PKK rebels), Libération, 14 October 2014. [According to these articles, Turkish aircraft bombed PKK targets for the first time since the March 2013 ceasefire, following rioting in the Kurdish community throughout Turkey, leaving at least 34 dead and hundreds wounded, triggered by the Government of Turkey’s refusal to intervene militarily to rescue the Kurdish city of Kobane in Syria besieged by Islamic State. Mr. Öcalan warned that the fall of Kobane would mean the end of the peace process, and demanded that the Government take action.] GE. 15-11119