CAT/C/30/D/201/2002 page 4 3.3 The complainant states that the same matter has not been submitted for examination under another procedure of international investigation or settlement. The State party’s observations on admissibility and merits 4.1 By letter of 29 March 2002, the State party advised that it had no objection to the admissibility of the communication. By letter of 31 July 2002, it disputed the merits of the communication, arguing that in the light of the national procedure followed, the Turkish human rights situation, the complainant’s personal circumstances and the compatibility of the proposed expulsion with article 3 of the Convention, there are no grounds to fear that the author would be subjected to torture. 4.2 The State party recalls the procedure applied to the complainant. Aliens are admitted if they satisfy the requirements of the 1951 Convention relating to the status of refugees, if article 3 of the European Convention so mandates, or if compelling humanitarian circumstances so require. Asylum seekers are promptly notified of their right to legal and other assistance. A first interview takes place as soon as possible after arrival, and does not concern the grounds for departure. A second interview (with legal advice and interpretation available) focuses on these reasons. The applicant (and counsel) may correct, or add to, the record of this interview. The decision on the application considers regular official country reports compiled by the Ministry of Foreign Affairs, which also draw on reports of non-governmental organizations. 4.3 A notice of objection may be lodged against a negative decision, upon which a decision is made as to whether the applicant may remain in the State party pending the outcome of the objection proceedings. If denied the ability to remain, an injunction may be sought from the District Court. The Court may simultaneously decide on the notice of objection and the injunction. Applicants arguing that expulsion would remove them to a country where a well-founded fear of persecution on the basis of political or religious beliefs, their nationality or membership of a particular race or social group exists, may not be removed without special instructions from the Minister of Justice. 4.4 On the current situation in Turkey, the State party notes that this situation and the Kurdish position in particular are constantly monitored by the Government, and play a role in the decisions of the Secretary of Justice in individual cases. It points out that after the reported death in April 1999 of an asylum seeker deported to Turkey, the Secretary of Justice directed that all deportations of Kurds to Turkey be suspended pending investigation. In December 1999, following an official investigation by the Ministry of Foreign Affairs, the Secretary decided to resume these deportations. This decision was upheld in March 2000 by the Hague District Court. 4.5 The State party reviews recent country reports: on 3 September 1997, the Minister found that Kurds are not as such subject to persecution within the meaning of the Refugee Convention. They are also free to move internally in the event of difficulties, unless suspected of active espousal of the Kurdish cause. On 17 September 1999, the Minister found noticeable improvements, particularly in the light of focused international attention, with the main human rights issues in Kurdish areas being restrictions on freedoms of expression, association and assembly. The ability to seek better personal and economic circumstances elsewhere in Turkey remained open if necessary. On 13 December 2000, the Minister found certain positive trends,