CAT/C/59/D/686/2015 measures.9 For this reason, the State party considers that domestic remedies have not been exhausted. 4.5 With respect to allegations of torture during the complainant’s transfer between the Cantons of Vaud and Ticino on 26 June 2014, the State party asserts that the Public Prosecutor immediately reacted to the complainant’s allegations in so far as, following his complaint of 4 July 2014, he requested the University of Varese, in Italy, to establish the causes of the complainant’s injuries. 10 Based on the university’s report, the Public Prosecutor decided, on 25 August 2014, that it was not necessary to initiate an investigation (decision of non-consideration).11 The State party further argues that the complainant did not appeal the Public Prosecutor’s decision and that he did not, therefore, exhaust all available domestic remedies.12 4.6 Concerning the complaint dated 11 January 2013 regarding an alleged aggression of the complainant by a prison guard on 12 December 2012, the State party submits that, after having examined the internal reports from La Stampa prison 13 and a video, the Public Prosecutor decided on 31 January 2013 that a criminal investigation should not be opened (decision of non-consideration). The complainant appealed that decision but did not do so properly. He was then given the possibility to improve his appeal but did not do so. 14 On 8 April 2013, the Appeals Court of Ticino decided that a criminal investigation should not be opened (decision of non-consideration). As the complainant had not complied with the conditions established by the law to appeal the decision, the State party considers that the complainant has not exhausted all available domestic remedies regarding those allegations. 4.7 With respect to the complainant’s allegations of torture during his transfer between the Cantons of Ticino and of Bern on 5 January 2015, the State party asserts that the Public Prosecutor of Bern-Mittelland conducted an exhaustive inquiry, during which the complainant was interrogated on two occasions. Another detainee was also interviewed, as a witness, but he said that the complainant had never mentioned any mistreatment. In addition, the complainant did not report any torture or ill-treatment during the interview he participated in upon arrival at Thorberg prison. The State party further indicates that, in the medical report issued on 5 January 2015 by the Thorberg prison medical services, it was only noted that the complainant had a “superficial injury” on the left side of his chest15 but that his explanations on how he was injured were not compatible with the nature of the injury. Therefore, the Public Prosecutor considered that there were insufficient elements to open a criminal procedure for physical harm, threats or abuse of power and issued a decision of non-consideration on 1 April 2015. On 22 June 2015, the Supreme Court of Bern rejected the appeal of that decision. The State party submits that the decision of the Supreme Court of Bern, of which the complainant was notified on the same date and published on 8 July 2015 in the Official Gazette of Bern, could have been appealed before the Federal Tribunal. However, it states that “it ignores” if the complainant has appealed the decision and considers that domestic remedies have not been exhausted. 4.8 In relation to the complainant’s allegations that he was hit and threatened with a dog by the prison guards because he refused to go to the Embassy of Turkey, 16 the State party indicates that on 29 April 2015 the Public Prosecutor decided not to open a criminal 9 10 11 12 13 14 15 16 8 The State party quotes articles 113 ff. of the Law on the Federal Tribunal of 17 June 2005. A copy of the medical report dated 12 July 2014 has been provided, in Italian only. See article 310 of the Swiss Code of Criminal Procedure. The State party provides a letter from the Public Prosecutor, in Italian only, dated 27 July 2015 indicating that the Public Prosecutor’s decision dated 25 August 2014 had not been appealed. A letter from La Stampa’s director and the relevant internal reports is provided, in Italian only. No further details have been provided. Photographs of the injury have been provided. The date of the incident has not been indicated.