CAT/C/50/D/431/2010
Turkey in the near future.17 In this regard, the Committee observes that the complainant
claims to have been subjected to continuous surveillance, harassment, short-term arrests
and persecution until her escape to Switzerland in 2008, but has failed to provide elements
which would show that this would amount to torture. Moreover, although she claims that
authorities “apparently” suspected her of having taken over her sister’s activities in the
political underground movement, she has not presented any evidence that she has ever been
summoned for interrogation or has been indicted for such suspected involvement with the
PKK; neither has she supplied any evidence corroborating her claim that the police has
searched for her at her parents’ home since her escape to Switzerland. The Committee also
notes that the complainant has never claimed that her family members living in Istanbul are
being persecuted in connection with her sister’s and her own escape to Switzerland.
Furthermore, it is uncontested that the complainant herself has not been sentenced,
prosecuted for, or accused of, any crime in Turkey; that she has not been politically active
in Switzerland; and that she has not been cooperating with members of the PKK either in
Turkey or in Switzerland.
7.8
The Committee takes note of the information submitted by the parties on the general
human rights situation in Turkey. It notes the information presented in recent reports that,
overall, some progress was made on observance of international human rights law, that
Turkey pursued its efforts to ensure compliance with legal safeguards to prevent torture and
mistreatment through its ongoing campaign of “zero tolerance” for torture 18 and that the
downward trend in the incidence and severity of ill-treatment continued.19 Reports also
indicate that disproportionate use of force by law enforcement officials continues to be a
concern 20 and cases of torture continue to be reported.21 However, the Committee notes that
none of these reports mention that family members of PKK militants are specifically
targeted and subjected to torture. As to the complainant’s allegation that she would be
arrested and interrogated upon return, the Committee recalls that the mere risk of being
arrested and interrogated is not sufficient to conclude that there is also a risk of being
subjected to torture.22
7.9
In the light of the above considerations, the Committee considers that the facts as
presented do not permit it to conclude that the complainant’s return to Turkey would
expose her to a foreseeable, real and personal risk of torture within the meaning of article 3
of the Convention. Accordingly, the Committee concludes that her removal to Turkey
would not constitute a breach of article 3 of the Convention.
8.
The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Inhuman or Degrading Treatment or Punishment,
concludes that the deportation of the complainant to Turkey would not constitute a violation
of article 3 of the Convention.
[Adopted in English, French and Spanish, the English text being the original version.
Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s
annual report to the General Assembly.]
17
18
19
20
21
22
See, for example, communication No. 245/2004, S.S.S. v. Canada, decision adopted on 16 November
2005, para. 8.4.
United States Department of State, “Turkey 2012 human rights report”, p. 5.
European Commission, “ T urkey 2012 progress report” (10 October 2012), p. 19. Available from
http://ec.europa.eu/enlargement/pdf/key_documents/2012/package/tr_rapport_2012_en.pdf .
Ibid., pp. 19 and 72.
See United States Department of State, “Turkey 2012 human rights report”.
Communication No. 57/1996, P.Q.L. v. Canada, views adopted on 17 November 1997, para. 10.5.
15