FO (Risk, Service as village guard) Turkey CG

This is an appeal by a Kurdish citizen of Turkey against the decision of an adjudicator, Mrs TI Rabin, sitting at Taylor House on 16 January 2003, dismissing his appeal on both asylum and human rights grounds. Leave was given on grounds of appeal which included four points, and it is easiest to deal with the third and fourth first.

The appellant stated that he was involved with violent activities for HADEP for some years. He maintained in his interview that he was involved in violence against the gendarmes in 1998. At the hearing he first claimed that he was involved in violent activities in 1990 and possibly 1991, but then admitted that he had never been involved in violent acts but had only been a back-up carrying. There appears to be a gap there which appears to relate to a claim that he had made that he had been carrying arms and ammunition.

The appellant stated that he left Elbistan again in October 1993 when he went to Izmir to stay with relatives. He claimed that he was actively involved with HADEP by distributing leaflets and putting up posters. His relatives were also involved and they were arrested. The appellant stated that he supported himself as a building labourer. He stated that he was arrested again in 1995 when he was held for a month before performing his military service.

The appellant claimed that he was ill-treated in the army as a result of being a Kurd. He said that he was only given menial tasks and was punished by being placed in solitary confinement. �He stated that he was in the army for two years and left in August 1996. He stated he returned to Elbistan where he found life difficult and went to Russia to work as a labourer. He said that he remained there for four months but at the hearing he stated that he was in Russia for a year and that he left because he did not like the climate.

The appellant claimed that he returned to his village in March 1999 and that he was stopped by the gendarmes while visiting his father. He stated that his father persuaded the gendarmes that he would persuade the appellant to help the gendarmes and act as a village guard.