CAT/C/54/D/544/2013
4.10 In the light of the foregoing, the State party submits that there are no substantial
grounds for believing that the complainant faces a real and personal risk of torture
upon return to Turkey. Therefore, his deportation would not constitute a violation of
article 3 of the Convention.
Additional submission by the complainant
5.1 On 24 October 2013, the complainant submitted information addit ional to his
initial complaint. He attaches the testimony of one Seyid Ahmet Öcalan, dated 4 April
2013, who states that the complainant held important political positions, such as
Halfeti district President of HADEP, DEHAP and DTP. According to the same
testimony, the complainant was a member of the DEHAP party leadership. Because of
his position, he had received numerous threats from the Turkish security forces. A
second testimony submitted by the former Deputy Co -chairperson of the DTP, Mustafa
Sarikaya, and dated 12 April 2013, attests to the fact that the complainant was
imprisoned in the 1980s and suffered severe torture and inhuman treatment in
Diyarbakir prison on account of his political activities. According to the same
testimony, the complainant is still wanted by the police. The complainant attaches a
third testimony, dated 26 August 2013 and signed by the Chairperson of Halfeti
district BDP, which attests to the fact that the complainant was a founding member of
the DEHAP and was exposed to harassment and psychological violence after his
release from prison.
5.2 The complainant also attaches the testimony of a Swiss national, J.S., who lived
in the Kurdish part of Turkey between 2002 and 2008 and set up a shelter for battered
women in Mersin. J.S. met a number of Kurdish leaders in Mersin, as well as the
complainant in Halfeti, who was introduced to him as a political friend and HADEP
contact. With the complainant, J.S. visited members of the Öcalan family (the family
of the PKK leader). 19 In Mersin, J.S. said that he had been in touch with members of
the Grey Wolves, 20 who had openly made death threats against persons such as the
complainant. The testimony ends by affirming that the complainant would be in grave
danger if he should return to Turkey.
5.3 The complainant also attaches two medical certificates. 21 The first medical
report, drawn up by a doctor at the consultation centre for victims of war and torture
of Geneva University Hospitals, indicates that the complainant “exhibits a se t of
somatic symptoms and psychological problems constituting a clinical pattern often
found in victims of systematic violence”; that the muscular injuries identified in the
complainant “are consistent with the consequences of abuse of the kind described [ by
the complainant]”; and that he shows psychological symptoms that meet the
description of severe post-traumatic stress disorder. The report concludes that, in view
of the severity of the complainant’s psychological problems, the medical treatment
which has been initiated (which includes psychological support and regular somatic
check-ups) should not be interrupted. Any interruption of the treatment, in the event of
his forced return to Turkey, would be dangerous for the health of the complainant, who
was judged by the signatories of the report to be “incapable of coping with the
pressures of such a return”.
__________________
19
20
21
8/12
J.S. attaches a photograph showing him with members of the Öcalan family and the complainant.
An anti-Kurdish Turkish nationalist movement.
Dated 26 April and 17 July 2013, respectively, and which supplement the report already submitted
on the complainant’s psychological state (see paragraph 3.2 above).
GE. 15-11119