CAT/C/61/D/747/2016
under the Istanbul Protocol. Therefore, the State party should be aware of his tattoos, which
put him at an additional risk of torture. Counsel reiterates that he has never been provided
with a copy of the assessment, despite requests.
5.6
Counsel adds that the situation in Turkey has deteriorated since the 16 April 2017
referendum which approved the constitutional amendments, which he claims concentrates
power in the office of the President and has serious effects on checks and balances and
independence of the judiciary. The President announced that the death penalty would be
reintroduced and ordered the arrest of over one thousand police officers across the country,
in a new crackdown. According to counsel, the President intends to have the police forces
composed exclusively of his supporters. This situation, coupled with the complainant’s
tattoos and his link with PKK, increases the risk that he would be tortured if extradited to
Turkey, for instance by the police, and even before he is handed over to the prison
authorities. In the circumstances, the diplomatic assurances will be ineffective.
Additional submissions by the parties
By the complainant
6.
On 19 June 2017, counsel for the complainant requested the Committee to adopt
interim measures that would allow the complainant’s release from detention, if necessary
under conditions that would enable the authorities to verify his whereabouts.
7.
On 29 June 2017, the State party reported that the complainant had left the
psychiatric clinic where he had been hospitalized on 10 May, and that he was now detained
at the Burgdorf prison. The State party requested the Committee to decide on the case as
soon as possible.
8.1. On 2 August 2017, the State party informed the Committee about the conditions of
detention of the complainant. Following his release from the psychiatric clinic, he was
placed for several days in a security cell of the Burgdorf prison used in cases of suicide risk.
He is now in a section of the prison that allows for intense follow-up and monitoring and
subjected to the regime for the execution of sentences, which is less strict than the regime
of preventive detention to which he had been subjected earlier. The State party opposes
counsel’s request for interim measures in the form of release from detention, in the light of
the elevated risk of escape.
8.2
The State party also refers to a note received from the Embassy of Turkey in
Switzerland, according to which the complainant’s sentence would become time-barred for
execution at the latest on 6 July 2020. In the note, Turkey also submits that the
complainant’s time spent in prison in Switzerland will be deducted from his prison sentence
in Turkey. It also indicates that if the complainant’s health situation so requires, he will be
transferred to a university or other public hospital.
Issues and proceedings before the Committee
Consideration of admissibility
9.1
Before considering a claim contained in a communication, the Committee must
decide whether it is admissible under article 22 of the Convention. The Committee has
ascertained, as it is required to do under article 22 (5) (a), of the Convention, that the same
matter has not been and is not being examined under another procedure of international
investigation or settlement.
9.2
The Committee recalls that, in accordance with article 22 (5) (b) of the Convention,
it shall not consider any communication from an individual unless it has ascertained that the
individual has exhausted all available domestic remedies. The Committee notes that in the
present case the State party has recognized that the complainant has exhausted all available
domestic remedies. As the Committee finds no further obstacles to admissibility, it declares
the communication admissible and proceeds with its consideration of the merits.
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