Communication No. 21/1995
Submitted by:
Ismail Alan [represented by counsel]
Alleged victim:
The author
State party:
Switzerland
Date of communication:
31 January 1995
The Committee against Torture, established under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meeting on 8 May 1996,
Having concluded its consideration of communication No. 21/1995, submitted
to the Committee against Torture on behalf of Mr. Ismail Alan under article 22
of the Convention,
Having taken into account all information made available to it by the
author of the communication, his counsel and the State party,
Adopts the following:
Views under article 22, paragraph 7, of the Convention
1.
The author of the communication is Ismail Alan, a Turkish citizen of
Kurdish background, born on 1 January 1962, currently residing in Switzerland.
He claims to be a victim of a violation by Switzerland of article 3 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. He is represented by counsel.
The facts as submitted
2.1 Since 1978, the author has been a sympathizer of KAWA, an outlawed Kurdish
Marxist-Leninist organization. In 1981, the author was arrested for the first
time. He claims that he was tortured and interrogated about his organizational
activities. After nine days, he was released. In June 1983, while fulfilling
his military service, the author was once again arrested. He claims that he was
brutally tortured during 36 days. He states that he was subjected to electric
shocks.
2.2 On 30 April 1984, he was sentenced to 8 years and 4 months of imprisonment,
plus 2 years and 10 days of internal exile, for being an active member of KAWA.
His conviction was quashed by the Court of Cassation, on 17 October 1984, and a
retrial was ordered. On 5 November 1984, the military tribunal of Elazig
sentenced the author to two and a half years’ imprisonment and 10 months’
internal exile in Izmir, for having assisted militants of KAWA. During his
internal exile in Izmir he had to present himself to the police every day.
Eventually, the author found a job and bought a house in Izmir.
2.3 The author claims that he was arrested several times in 1988 and 1989 and
kept in detention for short periods of time, not over six days, because of his
political activities (distribution of flyers). The author claims that during
these periods of detention, he was put under pressure to denounce his friends.
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