(b) That this decision shall be communicated to the author and, for
information, to the State party.
[Done in English, French, Russian and Spanish, the English teat being the
orIginal version)
B.
Communication Ho. 4/1990, R. B. G. v. Turkey (Decision of Z9 April 1991,
adopt.d at the siath •••• ion)
Submitted byl
R. B. G. [name deleted)
Alleged yictiml
The author
State party gOngernedl
Turkey
Date of communigationl
ZO August 1990
The Committee against Torture, establisheu under article 17 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Meetigg oA 29 April 1991,
Adopt. the followiAgl
Deci.ion OA a4millibil1t!
1.
The author of the communication is a Turki.b citi.en of Kurdish ethnic
origin, currently residing in France, where he is .pplying for political
asylum. He claims to be a victim of torture allegedly perpetrated by Turkish
police in May of 1989. Turkey made the declaration provided for in article Z2
of the Convention on 2 August 1988.
2.
Before considering any claims coataiDed in a communication, the Committee
against Torture must decide whether ~r not it is admissible under article Z2
of the Convention.
3.
Article 22, paragraph 5 (b/ of the Convention precludes the ~ommittee
from consideriDg any communication from an individual, unless it has
ascertained that tbe individual has eabausted all ~vailable domestic remedies,
this rule does not apply if it is establisheG tb.lt the application of domestic
remedies bas been or would be unreasonably proloDged or would be unlikely to
brinq effective relief. The author ba. invoked this eaception, 98nerally
cla~ing that rem.diei in Turkey wo~ld not be effect,ive, thus he has not filed
aay complaint witb the competent authorities in Tu.key with a view to
initiating aa investiqatioA UDder Turkisb law iAto his allegation that he was
subj8cted to torture. However, on the ba.is of the information before it, the
Committee cannot conclude that such a complaint would be I prio~l ineffective
and, as such, would no~ provide a remedy that tpe author n~e1 exhaust before
addres Ing a communication to the Committee. Accordingly, the Committee finds
tbat the requirements of article 2Z, paragraph 5 (b), of th~ Convention have
not been met.
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