CAT/C/30/D/201/2002 page 3 Facts 2.1 The complainant states that he and his wife are related to PKK leader Abdullah Öcalan, who also comes from his home town, Ömerli, in the Kurdish part of Turkey. The complainant’s grandfather is a nephew of Abdullah Öcalan’s mother. The grandmother of the complainant’s wife is a sister of Abdullah Öcalan’s father. He contends that he belongs to a politically active family and that he himself is so active. 2.2 In 1997, the complainant joined the pro-Kurdish HADEP political party. He also collected information for a human rights organization, IHD, about alleged human rights abuses by Turkish authorities. He alleges that he was arrested several times and ill-treated in connection with these activities, and that the Turkish authorities sought information from him concerning the PKK, HADEP and IHD. In May 1998 (after also being approached in 1993 and 1995), he was allegedly threatened with death if he did not provide this information. His family was also threatened with harm if he escaped. Thereafter, he left his home village, departed Turkey by truck on 11 June 1998 and arrived in the Netherlands on 17 June 1998, where he alleges he continued his political activities.1 2.3 On 18 June 1998, the complainant requested asylum and residence. After an interview had taken place in the presence of an interpreter, the Secretary of Justice decided, on 8 February 2000, that his request for asylum was manifestly unfounded and, further, denied his request for residence on humanitarian grounds. 2.4 On 7 March 2000, the complainant lodged an objection to this decision, supplying his grounds of objection on 24 March 2000. On 6 July 2000, he requested an injunction to prevent his expulsion. On 24 July 2001, the Hague District Court rejected the request for an injunction and declared the objection ill-founded. The Court found, inter alia, that there was no indication that article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (which has been interpreted to proscribe extradition to a country where an individual would face torture) would be violated in the complainant’s case, as the complainant had not shown that he in fact belonged to any categories of persons (such as PKK-activists) who might be exposed to a higher risk to harassment or intimidation or worse on the part of the Turkish authorities. The complaint 3.1 The complainant contends that there are substantial grounds to believe his removal to Turkey would result in torture or other forms of ill-treatment and would therefore violate article 3 of the Convention in light of the following factors: his political and human rights activities in Turkey, his alleged arrests and ill-treatment, his political activities in the Netherlands, his family relationship to Abdullah Öcalan, and the problems of his family.2 3.2 The complainant refers to a variety of reports in support of his proposition that conditions in Turkey reveal a consistent pattern of gross, flagrant or mass violations of human rights. These emanate from human rights organizations,3 newspapers4 and a human rights commission of the Turkish Parliament.5

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