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.
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.
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. (c) That this decision shall be communicated to the author and, for information, to the State party. original version] -75-