CAT/C/59/D/686/2015
could therefore not be considered. He also asserts that he has never signed the declaration
indicating that he had been treated well during the transfer. 29
5.5
Concerning his complaint regarding the aggression by a prison guard on 11 January
2013 at La Stampa, the complainant asserts that he never received a notification regarding
the decision of non-consideration adopted by the Public Prosecutor on 31 January 2013 and
that, although he managed to appeal that decision to the Court of Appeal of Ticino, he
could not do it properly because he never read the decision. He also claims that he never
received the decision of the Court of Appeal of Ticino rejecting his appeal on 8 April 2013.
5.6
Regarding the disciplinary measures imposing solitary confinement, the complainant
challenges the veracity of some of the facts taken into account by the authorities,30 asserts
he appealed all of them,31 describes the conditions of solitary confinement as torture 32 and
indicates that he was in solitary confinement for 19 days in a row. 33
5.7
Regarding the State party’s observations on his allegations of torture and other
violations, including of his right to a fair trial during the criminal proceedings, the
complainant reiterates that the Court of Appeal of Ticino did not review them in its
decisions of 30 September 2010 and 17 June 2015. Regarding the State party’s remark that
the medical experts did not notice any sign of torture, the complainant challenges their
independence because they are civil servants and it is very unlikely that complaints
presented against them could succeed. 34 The complainant further submits that he appealed
the decision of the Court of Appeals of Ticino dated 30 September 2010 to the Federal
Criminal Court, but that he never received an answer. 35
5.8
The complainant further indicates that the State party took him illegally to the
Embassy of Turkey for interrogation, despite his refugee status. He also asserts that he
appealed the decision of the Bern-Mitteland Public Prosecution dated 29 April 2015 to the
Supreme Court of the Canton of Bern, regarding his complaint on the mistreatment he
suffered during his transfer to the Embassy on 17 February 2015, but he did not receive a
reply.
5.9
Concerning his return to Turkey, the complainant submits that he cannot be deported
because he still holds refugee status. He reiterates that his criminal case is still pending
before the Federal Criminal Court. The complainant further states that he appealed the
29
30
31
32
33
34
35
The State party has provided a declaration, in German only, indicating that the complainant did not
state that he had been mistreated during the transfer. The complainant notes that he did not sign it and
that it only bears the signature of the director of Thorberg prison. According to the same document,
the complainant stated that he had been mistreated during his transfer from Vaud to Ticino.
For example, the complainant alleges that the decision of 21 March 2013 contains a lie about an
attack on another detainee that the complainant did not commit.
No further information has been provided.
The complainant indicates that he was kept naked in a “blue/yellow” cell several times and that he
was placed in another cell (measuring 2.5m by 3m) for “walking” so that, in fact, he was not able to
do any exercise.
The complainant was in solitary confinement from 21 to 29 July 2014 (eight days). On 30 July 2014,
the confinement was renewed until 5 August 2014 (an additional six days). Immediately after that, the
complainant was confined again for five days at la Farera. Therefore, he was in solitary confinement
for 19 days in a row. No documents supporting the solitary confinement in La Farera have been
provided. The complainant refers to the report of the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment (A/66/268).
No further information has been provided.
No document has been provided to support that affirmation. The complainant does not mention if he
appealed the decision of 17 June 2015. He refers to a claim dated 28 May 2015 submitted to the
Federal Penal Tribunal, against all the judges of the Court of Appeal of Ticino, allegedly not acted
upon by the authorities.
11