CAT/C/61/D/747/2016 2.14 On 13 October 2015, the Federal Office of Justice authorized the complainant’s extradition to Turkey. The author appealed on 13 November. On 16 March 2016, his appeal was rejected by the Federal Criminal Court. Regarding the risk of torture, the Court held that since in the extradition process it was possible to ask for guarantees and control mechanisms, it was possible that the extradition authorities could come to a different conclusion from that of the asylum authorities. The rejection of his appeal prompted another suicide attempt by the complainant on 5 April. His subsequent applications for release from extradition detention were rejected due to the high risk that he would abscond. 2.15 On 29 March 2016, the complainant appealed the 13 October 2015 decision of the Federal Office of Justice to the Federal Supreme Court. He stated in particular that in March 2016, his first cousin on his father’s side, E.Y., was accused of founding and leading an illegal group and supporting PKK armed forces. Together with a rifle, political propaganda material was found in his house and on his Facebook page, including pictures of high-profile PKK members. The complainant transmitted the material relevant to the investigation to the Court. 2.16 On 28 April 2016, the Federal Supreme Court rejected his appeal. The Court concluded that in the light of the additional investigation carried out by the authorities, there was no indication that the complainant would be at risk of torture, since he would be imprisoned to fulfil his sentence for a non-political crime and guarantees were in place for his treatment. As consequence, the case no longer constituted a case of “extraordinary importance” and was therefore outside its competence. The complaint 3.1 The complainant claims that his extradition to Turkey would violate his rights under article 3 of the Convention because he would be at risk of being tortured at the hands of the Turkish authorities. 3.2 With reference to the jurisprudence of the Committee and the European Convention on Human Rights as well as international reports, the complainant claims that Turkish security and police forces increasingly use torture and ill-treatment, specifically targeting suspected terrorists, Kurdish and Alevi minorities and activists as well as prisoners, with a view to extracting confessions or information about political activities. 3 Furthermore, the complainant is at personal risk of torture if he were to be extradited to Turkey, based on the following grounds. 3.3 First, the complainant suffered torture in the past, was detained based on unfair proceedings and his conviction was politically motivated. Although in the course of the extradition proceedings the Swiss authorities declined to accept his claim about the use of torture as lacking credibility, international reports show that torture, particularly falaka and electric shocks, was practised systematically in Turkey from 1988 to1990, the period when he was in custody.4 This conclusion is also supported by the Committee’s jurisprudence5 and was not disputed by the Swiss authorities in the course of the extradition proceedings. The complaint’s psychiatric reports indicate that his post-traumatic stress disorder is 3 4 5 4 See communication No. 373/2009, Aytulun and Güclü v. Sweden, decision adopted on 19 November 2010, para. 6.6; and communication No. 349/2008, Güclü v. Sweden, decision adopted on 11 November 2010, para. 6.6; the jurisprudence of the European Court of Human Rights in Üzer c. Turkey (requête no 9203/03), arrêt du 21 septembre 2010; Süleyman Demir and Hasan Demir v. Turkey (application No. 19222/09), judgment of 24 March 2015; Ateşoğlu v. Turkey (application No. 53645/10), judgment of 20 January 2015; Cüneyt Polat c. Turkey (requête no 32211/07, arrêt du 13 novembre 2014; and Aktürk v. Turkey (application No. 70945/10, judgment of 13 November 2014; Immigration and Refugee Board of Canada, “Turkey: frequency of torture used by authorities, particularly on Kurdish and Alevi protestors and activists, including instances when torture is used on temporary detainees (2012-August 2013)”, 16 August 2013; European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Report to the Turkish Government on the visit to Turkey (CPT/Inf(2015)6), published but subsequently withdrawn. Human Rights Watch, World Report 1990; and report of the Committee against Torture on the summary account of the results of the proceedings concerning the inquiry on Turkey (A/48/44/Add.1). See communication No. 21/1995, Alan v. Switzerland, Views adopted on 8 May 1996, para. 11.5.