CAT/C/50/D/431/2010
events, as well as subsequent persecution suffered by the complainant , are
considered credible by the State party. However, in the State party’s view, there is
no sufficient causal link between these events and her departure for Switzerland in
2008. On the contrary, it appears that a clear causal link emerges from the following
elements: her arrest and mistreatments in 1998 and the constant surveillance and
intimidation of her from 2002 to 2006 are the root cause of her mental problems, as
medically reported. No other causes for those problems emerge from the information
submitted to the Committee by the complainant or the State party. In this
connection, it should be noted that she was treated in the TOHAV Rehabilitation
Centre, which is specialized in the mental health treatment of torture victims, from
2002 to 2006, and by a psychiatrist, in 2010. For the reasons indicated above, she
had to find a country in which she could live without constant fear. That country, for
her, was evidently Switzerland where her sister had found asylum;
(e)
It should be noted also that a medical report, dated 23 August 2010, issued by
a Swiss psychiatrist refers to a suspected post-traumatic stress disorder. The psychiatrist
considered that the then condition of the complainant would not allow for her return to
Turkey;
(f)
The State party is of the view that the health status is not an important
indication of persecution in Turkey, but it does not exclude it. This element added to the
other elements listed above make the complainant extremely fragile and currently expose
her to severe mistreatment or even torture if she is returned to her country;
(g)
It may be recalled, in this connection, that general comment No. 1 of the
Committee provides that “the risk of torture must be assessed on grounds that go beyond
mere theory or suspicion. However, the risk does not have to meet the test of highly
probable” (para. 6). It appears that the elements listed above go beyond mere theory or
suspicion and that the risk for the complainant is personal, real and foreseeable although the
degree of probability cannot be measured.
The reported cases of torture and impunity of its perpetrators, referred to in the concluding
observations on the third periodic report of Turkey considered by the Committee against
Torture in November 2010 (CAT/C/TUR/CO/3) and in the concluding observations of the
Human Rights Committee on the initial report of Turkey considered in October 2012
(CCPR/C/TUR/CO/1) corroborate, among others, the situation of risk in which the
complainant would find herself if she is returned to her country.
[Signed] Alessio Bruni
[Done 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.]
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