CAT/C/56/D/671/2015
process, he would be punished for offences for which the extradition had not been approved
by Hungarian courts.
2.7
On 21 August 2014, the Court of Appeal upheld the decision of the Metropolitan
Court. In its reasoning, the Court of Appeal considered “the risk of systematic infringement
of speciality on behalf of the United States as a question beyond the scope of the court
procedure”.
2.8
On 22 September 2014, the complainant submitted a second request for asylum,
attaching a forensic psychiatric report confirming that his post-traumatic stress disorder had
originated from the assaults he had suffered in United States prisons.
2.9
On 20 October 2014, the Office of Immigration and Nationality once again rejected
his request. The complainant maintains that he has exhausted domestic remedies.
2.10 In October 2014, the complainant reported that he had twice received death threats
in letters addressed to him from the United States. On 29 October 2014, he submitted a
complaint to the Hungarian Police regarding the above threats.
The complaint
3.1
The complainant submits that his extradition to the United States would amount to a
violation by the State party of articles 2, 3, 11 and 16 of the Convention.
3.2
The complainant maintains that, if extradited to the United States, there would be an
imminent risk that he would be subjected to inhumane and degrading treatment in United
States prisons. He would again be subjected to rape, other types of sexual assaults and
physical harm by inmates occurring in correlation with his Jewish faith and religion, and
the United States authorities would not provide him with sufficient protection.3
3.3
The complainant suffers from attested post-traumatic stress disorder and alleges that
he had received insufficient medication and psychological treatment in United States
prisons.
3.4
Furthermore, the complainant asserts that he spent 13 months in solitary
confinement. He refers to the statement of the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment that solitary confinement in excess of
15 days is considered to be cruel and inhumane. 4 The complainant claims that United States
guidelines allow solitary confinement to last for up to 18 months; however, in reality, it
exceeds that limit.5
3.5
Finally, the complainant alleges that, if extradited to the United States, the concept
of speciality (dual criminality) and his right to a fair trial would be violated. According to
United States criminal proceedings practice, the evidence regarding the non-extraditable
offences would not be examined, since those offences would not be part of the formal
charges, but would be included in the “pre-sentence investigation report” as “relevant
conduct”, which is not subject to any evidence process and would have a compounding
effect on the complainant’s sentence.
3
4
5
4
The complainant has attached a number of copies of his complaints to the United States authorities
wherein he also mentions that he was sexually assaulted. Furthermore, he refers to several newspaper
articles about inhumane conditions in United States prisons and about neo-Nazi organizations within
those prisons.
See the interim report of the Special Rapporteur of the Human Rights Council on torture and other
cruel, inhuman or degrading treatment or punishment (A/66/268, para 76).
The complainant does not provide information as to what guidelines he is referring to.