State party
AZERBAIJAN
Case
Pelit, 281/2005
Nationality and country of removal
if applicable
Turkish to Turkey
Views adopted on
30 April 2007
Issues and violations found
Removal - articles 3 and 22
Interim measures granted and State
party response
Granted but not acceded to by the State party
(assurances had been granted).5
Remedy recommended
To remedy the violation of article 3 and to consult
with the Turkish authorities on the whereabouts and
state of well-being of the complainant.
Due date for State party response
29 August 2007
Date of reply
4 September 2007
State party response
The Azerbaijani authorities obtained diplomatic
assurances that the complainant would not be
ill-treated or tortured after her return. Several
mechanisms were put in place for a post extradition
monitoring. Thus, she was visited in prison by the
First Secretary of the Azerbaijani Embassy and the
visit took place in private. During the meeting she
stated that she had not been subjected to torture or
ill-treatment and was examined by a doctor who did
not reveal any health problems. She was given the
opportunity to meet with her lawyer and close
relatives and to make phone calls. She was also
allowed to receive parcels, newspapers and other
literature. On 12 April 1997, she was released by
decision of the Istanbul Court on Serious Crimes.
Complainant’s response
On 13 November 2007, counsel informed the
Committee that Ms. Pelit had been sentenced to
six years imprisonment on 1 November 2007. Her
Istanbul lawyer had appealed the judgement.
5
The Committee expressed its concern and reiterated that once a State party makes a declaration
under article 22 of the Convention, it voluntarily accepts to cooperate in good faith with the
Committee under article 22; the complainant’s expulsion had rendered null the effective exercise
of her right to complain.
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