CAT/C/38/D/281/2005** Page 6 event of her removal, she would be at a foreseeable, real and personal risk of being subjected to torture or other inhuman treatment within the meaning of article 3 of the Convention. It also noted that the complainant contended that she was tortured in Turkey between 1993 and 1996, on suspicion of PKK links and that same reasons were the basis of her extradition request. The complainant had obtained refugee status in Germany, on these very grounds. Finally, the Committee noted the complainant’s claim that although the general situation in Turkey has evolved in the past years, there have been cases of individuals suspected of links with the PKK being subjected to torture. The Committee concluded that the communication was admissible and invited the State party to present its observations on the merits. State party’s observations 7.1 By submission of 9 October 2006, the State party recalls the facts of the case: Ms. Pelit was arrested in Turkey in 1993. In 1996, the Istanbul State Security Court discharged her for lack of evidence. In 1998, she arrived in Germany on forged documents and obtained political asylum there in 1999. 7.2 On 6 November 2004, she was arrested in Azerbaijan and charged with illegal border crossing. When crossing the border, she was accompanied by armed individuals who retired after an exchange of gunfire with Azeri border guards. On 17 March 2005, the Sharursk District Court found her guilty under article 318.2 and fined her. After the payment of the fine, she was released. 7.3 During the preliminary investigation, on 6 December 2004, the Turkish authorities addressed an extradition request to the Ministry of Justice of Azerbaijan. The request was made pursuant to the 1957 European Convention on Extradition, and on the basis of a decision of 3 December 2004 by the Istanbul City Court for Particularly Serious Crimes, under which Ms. Pelit was charged pursuant to article 168/2 of the Criminal Code. An arrest warrant was issued against her in this relation. On this ground, the complainant was arrested again on 17 March 2005 and her case was transmitted to the Azerbaijan Court for Serious Crimes which is competent to deal with extradition cases. On 2 June 2005, this Court authorised the complainant’s extradition. An appeal against this decision was filed with the Appeal Court, on 20 June 2005. On 2 September 2005, the Appeal Court confirmed the extradition. On 14 September 2005, the complainant’s lawyer filed a cassation appeal in the Supreme Court. On 25 October 2005, the Supreme Court declared itself incompetent to deal with the appeal. 7.4 As to the complainant’s allegations that she was granted refugee status and that article 33 of the Refugees Convention should have been applied in her case, the State party notes that she was recognised as a refugee by a German court in 1999. Foreign courts’ decisions are not enforceable in Azerbaijan. In order to secure recognition of a foreign court’s decision, a specific application should be made by the Supreme Court, under the provisions of the Civil Procedure Code. In the present case, no such request was made to the Supreme Court to have the German court’s 1999 decision recognised. 7.5 According to the State party, refugee status is granted in Azerbaijan by the State’s Committee on Refugee issues. The complainant was never granted such status. The State party notes that the UNHCR Office in Baku presented a statement to the Court for Serious Crimes, in which it observed that refugee status granted by a party to the 1951 Refugee