CAT/C/59/D/686/2015
Embassy he was interrogated regarding his participation in terrorist attacks, especially the
November 2003 attack in Istanbul.
2.22 The complainant indicates that on 7 April 2015 the public prosecutor sent him a
document in German and French, neither of which he claims to understand. After the
document was translated, however, he came to the conclusion that it was a judicial decision
against which he had 10 days to file an appeal.
2.23 On 28 May 2015, the complainant sent additional information to the Committee
indicating that he had received a letter dated 27 May 2015 from the judge, by which he was
informed that he would be deported to Turkey on 18 June 2015. He claims that his
deportation should not take place as his appeal, set for 28 June 2015, before the Federal
Criminal Tribunal against the decision of the Cantonal Criminal Court of Lugano of 23
February 2010, remained pending.
2.24 The complainant states that his political asylum was cancelled by the Federal
Administrative Tribunal, yet notes that he still has refugee status in Switzerland.
2.25 The complainant indicates that he has not exhausted all available domestic remedies
but that he cannot do so because for five years the authorities of the State party have not
replied to any of his complaints. The complainant further submits that his allegations are
not being examined by any other procedure of international investigation or settlement.
The complaint
3.1
The complainant claims a violation of his rights guaranteed by articles 1-9, 11-14
and 16 of the Convention, without specifying how his rights protected under these articles
have been violated.
3.2
The complainant alleges in general terms that he has been submitted to
psychological and physical torture by the Swiss authorities, whose aim was allegedly to
obtain information and confessions about the terrorist acts he is suspected of having
committed. He further states that those acts of torture have been inflicted by Swiss agents
since his detention started on 24 June 2009. He also claims that he was locked up in
isolation cells and in a “blue cell” during his stays at La Farera and La Stampa, and that the
State party violated his “health rights” during his preventive detention at La Farera, since he
was not visited by a doctor.
3.3
The complainant asserts that despite the claims he submitted the authorities of the
State party have not taken any measures to stop the use of torture against him. He further
claims that he was not assisted by a lawyer during the irregular interrogations he went
through. He asserts that his lawyer submitted an appeal against his will to the High Court of
Cassation, based on statements he had made under torture.
3.4
The complainant submits that, despite his status as a political refugee, he was taken
to the Embassy of Turkey, where he was unlawfully interrogated. He claims that if he is
returned to Turkey he will face a real risk of death or torture, based on his political
problems and on the threats he received when he was imprisoned there. Therefore, he
alleges that the State party would violate article 3 of the Convention in the event of his
deportation to Turkey.
3.5
The complainant submits that Switzerland is violating his rights by not including
torture as a criminal offence.
3.6
He further claims that, despite the reports he sent to the authorities of the State party
and despite the injuries he showed to the prison staff and to prosecutors on various
occasions, no action has been taken and his allegations have not been investigated. He also
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