CAT/C/59/D/686/2015
1.3
On 10 March 2016, at the request of the State party, the Committee, acting through
its Special Rapporteur on new communications and interim measures, decided to examine
the admissibility of the communication separately from the merits.
Facts as presented by the complainant
2.1 The complainant alleges that he was banned from the University of Inonu, in Turkey,
and that he was detained several times because of his political activities. On 13 October
2000, he was arrested and transferred by the anti-terrorism police of Gebze to the Kocaeli
anti-terrorism department, where he was tortured for three days. Upon judicial order, he
was placed in isolation in the special prison of Gebze, where he stayed for 40 days, during
which time he was tortured. He further claims that he was released after his family talked to
the judicial authorities. 1 He then fled to Switzerland. In January 2001, he applied for
asylum, which he was granted in 2002.
2.2
The complainant was arrested on 24 June 2009, accused of the rape of a minor. 2 He
maintains that before his arrest he was interrogated by the Swiss police and secret service
on several occasions because of his links to the November 2003 attacks in Istanbul. He was
allegedly taken in for interrogation several times in the middle of the night. 3
2.3
The complainant claims that following his arrest and before being put on remand he
was tortured by the Swiss police in a secret location. He indicates that he was tortured with
electric shocks to his penis and nipples, sprayed with cold water from a high pressure hose,
hanged and repeatedly beaten. He also alleges that he was forced to listen to satanic music,
watch pornographic films and masturbate while being recorded with a video camera, and
that he was deprived of food and water and given substances that gave him hallucinations.
2.4
He further claims that, after several days of torture, he was taken before the pretrial
judge, in the Public Prosecutor’s Office located in the Palace of Justice of Lugano. He also
claims that the judge falsified the place and date of the interview mentioned in the detention
report to hide information on the days during which the complainant was subjected to
torture.4 The complainant alleges that there is a contradiction in the information, since the
pretrial judge’s report is dated 25 June 2009 and the date in the police report is 26 June
2009. He considers that this demonstrates that either the pretrial judge made her report on
25 June 2009 without having before her the police report, or that he was taken before the
pretrial judge on 26 June 2009. The Attorney General attributes the contradictions to a
mistake in the stamp on the report, as all its other pages are dated 25 June 2009. In a letter
dated 30 June 2010, the pretrial judge confirmed that the pretrial interview took place in the
Public Prosecutor’s Office in Lugano and qualified the contradiction between the dates as a
mistake. In a letter dated 3 November 2011, the Attorney General of the Canton of Ticino
sent a letter to the complainant declaring that the arrest report had been written on 26 June
2009 and had been received on the same day.
2.5
The complainant asserts that on 26 June 2009 he was held in preventive detention in
La Farera prison, Ticino Canton. He claims that the prison staff hid the injuries caused by
the Swiss police during his detention. He notes that he was not visited by a doctor or taken
to the hospital during his stay at La Farera, even though the pretrial judge had written in her
report that the complainant should be taken to the hospital after being interrogated.
1
2
3
4
2
No further information has been provided.
He was sentenced under article 189, section 1, of the Swiss Criminal Code of 1937.
No further information has been provided.
The complainant has provided the copy of a page of the detention report in which it is stated that the
interview took place in Cadro, Switzerland, on 25 June 2009.