1.2 In accordance with article 22, paragraph 3, of the Convention, the
Committee transmitted the communication to the State party on 21
October 1999. At the same time, the State party was requested,
pursuant to rule 108, paragraph 9, of the Committee's rules of
procedure, not to expel the author to Turkey while his communication
was under consideration by the Committee. In a submission dated 14
December 1999, the State party informed the Committee that steps
had been taken to ensure that the author was not returned to Turkey
while his case was pending before the Committee.
The facts as submitted by the author
2.1 The author and Ms. S., Turkish nationals of Kurdish origin,
married in 1977 and then lived in their home in Elazig, a town in
south-eastern Turkey. At that time the author owned two shops
selling electrical appliances, one in Elazig and the other in Pertek, a
district of the city of Tunceli where he had grown up. In 1991, he
closed the shop in Pertek, and at the end of 1994 closed the shop in
Elazig because of constant harassment by the police.
2.2 Since the 1980s, the author had been an active supporter of the
leftist Kurdish party known as PSK (Socialist Party of Kurdistan),
which published a newspaper entitled Oezg.rl.k.Yolu. The author
would read and sell this paper, the name of which was often changed
because it was regularly banned. At the same time, he was an activist
in the Turkish Human Rights Association (IHD).
2.3 On 21 March 1993, two IHD representatives in Elazig were
murdered. Their bodies were found in the street bearing obvious signs
of torture: their ears had been cut off and their eyes put out. The
author attended their funerals.
2.4 Until 1994 the author was repeatedly harassed by the police
because of his opinions and political activities. In 1994, the author's
shop was raided by the police, who found a copy of the abovementioned newspaper and other PSK publications. The author was
forced to board a minibus and taken blindfolded to an unknown place.
For three days he was severely tortured in an attempt to make him
give information to the police and to become an unofficial
collaborator. Despite the torture methods used, he refused to give any
information or to become an informal collaborator. After three days
he was released. He continued to work in his shops despite constant
police harassment. At the end of 1994, he decided to close the shop in
Elazig.