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B. v. SWITZERLAND

Doc ref: 14982/89 • ECHR ID: 001-1145

Document date: May 12, 1989

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Cited paragraphs: 0
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B. v. SWITZERLAND

Doc ref: 14982/89 • ECHR ID: 001-1145

Document date: May 12, 1989

Cited paragraphs only

AS TO THE ADMISSIBILITY OF

Application No. 14982/89

by B.

against Switzerland

The European Commission of Human Rights sitting in private

on 12 May 1989, the following members being present:

MM. J.A. FROWEIN, Acting President

S. TRECHSEL

F. ERMACORA

G. SPERDUTI

A. WEITZEL

J.-C. SOYER

H. DANELIUS

G. BATLINER

H. VANDENBERGHE

Mrs. G.H. THUNE

Sir Basil HALL

MM. F. MARTINEZ

C.L. ROZAKIS

Mrs. J. LIDDY

Mr. L. LOUCAIDES

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 1 March 1989

by B. against Switzerland and registered

on 8 May 1989 under file No. 14982/89;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

THE FACTS

The applicant is a Turkish citizen of Kurdish origin born in

1956. He is currently remanded in custody at Burgdorf prison in

Switzerland.

According to his statements before the Bern Aliens' Police on

18 May 1988, his father ran a transport company at Polatli in Turkey.

Other business people who were members of the conservative Motherland

Party ANAP decided under the direction of the mayor of Polatli to

found a rival business the purpose of which was to ruin the father's

company. The rival company received tax benefits and set up a group

of thugs (Schlägertrupp).

The applicant's father then entrusted the company to the

applicant and went for some time to work in Ankara. Later, the father

returned to Polatli where today he is again running his company.

The applicant further explained to the Bern Aliens' Police

that while in military service he was transferred three times as a

punishment without being given reasons therefor. Moreover, when he

became president of the local youth organisation of the Republican

People's Party, CHP, political opponents framed him by planting two

grams of hashish on him, whereupon he was sentenced to 20 months'

imprisonment.

The applicant left Turkey on 21 February 1988 and travelled by

train to Switzerland, though the Swiss authorities refused him entry.

On 23 February 1988 he entered Switzerland illegally with the help of

hired persons (Schlepper). He claims that these persons took away his

passport.

On 25 February 1988 he requested asylum in Basel. On 18 March 1988

he was interrogated by the Bern Aliens' Police. Subsequently, on

12 July 1988 he was remanded in custody on suspicion of having

committed drug offences.

On 31 March 1988 the Delegate for Refugees (Delegierter für

das Flüchtlingswesen) dismissed the applicant's request for asylum.

The applicant's appeal against this decision was dismissed on

10 February 1989 by the Federal Department for Justice and Police

(Eidgenössisches Justiz- und Polizeidepartement) which also ordered

the applicant to leave Switzerland upon his release from detention.

The Department found in particular that the difficulties concerning the

company of the applicant's father could not be attributed to State

authorities and that the applicant had never requested State

assistance with regard to rival businessmen. The decision also noted

that the father was still running the company in Turkey.

COMPLAINTS

The applicant complains of his prospective expulsion to

Turkey. He claims that he will be arrested upon his entry into

Turkey as he no longer has a passport, and will then suffer

ill-treatment contrary to Article 3 of the Convention since he is a

Kurd and as retaliation for having sought asylum in Switzerland. The

applicant refers in particular to the problems with his father's

company and his imprisonment.

THE LAW

The applicant complains that if he is expelled to Turkey he

will be subjected to inhuman treatment contrary to Article 3 (Art. 3) of the

Convention. This provision states:

"No one shall be subjected to torture or to inhuman or

degrading treatment or punishment."

The Commission has constantly held that the right of an alien

to reside in a particular country is not as such guaranteed by the

Convention. However, it has also held that expulsion may in

exceptional circumstances involve a violation of the Convention, for

example where there is a serious fear of treatment contrary to Article

3 (Art. 3) of the Convention (see No. 10564/83, Dec. 10.12.84, D.R. 40 p. 262).

Insofar as the applicant refers to the general situation of

Kurds in Turkey, the Commission considers that he has failed to show

by means of concrete submissions concerning his own situation that his

treatment in Turkey would render his expulsion contrary to Article 3

(Art. 3) of the Convention.

Moreover, the fact that the applicant was legally convicted

and imprisoned in Turkey on account of a drug offence cannot in itself

amount to treatment contrary to Article 3 (Art. 3) of the Convention.

The Commission further considers that the applicant has not

supplied any confirmation for his allegations that he or his family

endured ill-treatment on the part of the State authorities in

connection with the activities of his father's company. The

Commission notes in this respect that after the applicant's departure

from Turkey the applicant's family continued to run the company.

In any event the Commission notes that after his return to

Turkey the applicant can bring an application before the Commission under

Article 25 (Art. 25) of the Convention in respect of any violation of his

Convention rights by the Turkish authorities.

It follows that the application must be rejected as being manifestly

ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the

Convention.

For these reasons, the Commission

DECLARES THE APPLICATION INADMISSIBLE

Secretary to the Commission Acting President of the Commission

(H. C. KRÜGER) (J. A. FROWEIN)

LEXI

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