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. 11

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