3. The author states that if he were returned to Turkey he would be arrested, would again be tortured and might be killed in an extrajudicial execution. The State party's observations 4.1 In a note verbale dated 14 December 1999, the State party declares that it does not contest the admissibility of the communication. 4.2 As to the merits of the communication, the State party explains that the Swiss Appeal Commission on Asylum Matters considered that the author's statements concerning the period from 1994 until his second arrest in 1996 were not credible since he had no longer been in Elazig as from 1994. Moreover, it is difficult to believe that the author would have hidden at the home of one of his friends, T.K., since that person was particularly vulnerable politically and his telephone was being tapped by the Turkish security forces. In the opinion of the Federal Office for Refugees, there was no causal link between the author's possible arrest in 1993 and his departure from Turkey in 1996. 4.3 Furthermore, the State party emphasizes that the Swiss Appeal Commission on Asylum Matters, unlike the Federal Office for Refugees, considers that the allegations concerning the author's arrest and subsequent torture are also lacking in credibility. It was highly doubtful that the author would have been able to continue his business activities for a period of 18 months after having been arrested and tortured, given the effectiveness of the repression by the Turkish security forces. 4.4 Similarly, the State party points out that the medical examination of the author simply accepted at face value the author's explanation of the causes of the disturbances from which he was suffering, without questioning them. For that reason the Swiss Appeal Commission on Asylum Matters refused to allow a second medical examination. 4.5 In the view of the State party, the arguments presented by the author in his communication add nothing to those presented to the Swiss authorities. On the contrary, in his communication he claims that he was tortured not in 1993 but in 1994, whereas in the Swiss internal proceedings he repeated on several occasions that the events did take place in 1993, in July at the latest.

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