“…there are reasonable grounds to
believe that Mr. Bahar Kimyongür’s
may be subjected to torture and other
forms of ill-treatment if extradited to
Turkey, we would like to draw your
Government’s attention to article 3 of
the Convention against Torture, which
provides that no State party shall
expel, return (refouler), or extradite a
person to another State where there
are substantial grounds for believing
that the person would be in danger of
being subjected to torture.”
Chair-Rapporteur of the Working Group
on Arbitrary Detention, the Special
Rapporteur on Torture, and the Special
Rapporteur on the promotion and
protection of freedom of expression
b. Djamel Ktiti: A French national, Djamel
was first arrested in Morocco, where he
was detained for more than two years,
and subsequently in Spain, where he
was imprisoned for nearly six months,
on the basis of a Red Notice issued by
Algeria in 2009. On both occasions, his
extradition was refused by national
authorities on the basis of a 2011
decision of the UN Committee against
Torture, finding that his extradition would
present an unacceptable risk of: (a) his
being exposed to torture; and (b) his
being prosecuted on the basis of
evidence obtained through the use of
torture. In January 2015, Fair Trials and
REDRESS together submitted an
application to the CCF.19 The application
18
19
20
explained, inter alia, that the prohibition
on torture, a norm of jus cogens and
customary international law which binds
international organisations, includes an
obligation to prevent the occurrence
of torture. As such, there could not be
any possibility of an alert against Djamel
being lawfully used ‘with a view to
extradition’ or being compatible with
Article 2 of INTERPOL’s Constitution
in light of the UN Committee against
Torture’s findings. INTERPOL eventually
deleted the Red Notice in December
2015, over six years after it was originally
published and five years after a UN treaty
body published a decision confirming
the risk of torture faced by Djamel.
‘…. despite the complainant’s
allegations highlighting the potential
risks, the Supreme Court of Morocco
did nothing to assess those risks but
was content to base its decision to
extradite on statements which,
according to the complainant, were
obtained under torture. In view of
this evidence, …. the Committee
concludes that the complainant’s
extradition to Algeria would violate
article 3 of the Convention.’ 20
United Nations Committee against
Torture, in the case of Djamel Ktiti
32. We found that this problem was largely
caused by flaws in INTERPOL’s process of
reviewing alerts, including:
a. the lack of information on how the
review is carried out (including the
number of staff responsible, the level of
detail and whether country or regional
experts are employed to advise on
individual cases) and what rules and
guidance govern the process of review;
Application available at: http://www.redress.org/downloads/redressfti-interpol-applicationdjamel-ktiti.pdf
United Nations Committee Against Torture, Forty sixth session, Communication 419/2010 (26 May 2011) CAT/C/46/D/419/2010
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