CAT/C/38/D/281/2005** Page 10 Issues and proceedings before the Committee Breach of article 22 of the Convention 10.1 The Committee begins by noting that the author was removed to Turkey on 13 October 2006 despite a request for interim measures pursuant to rule 108 (9) of the rules of procedure, pursuant to which the State party was requested not to remove the complainant while her communication was pending before the Committee. 10.2 The Committee remains deeply concerned by the fact that the State party, after having initially acceded to the Committee’s request, later disregarded it and removed the author to Turkey. The State party is requested to avoid such actions in the future. The Committee recalls §§§ that the State party, by ratifying the Convention and voluntarily accepting the Committee's competence under article 22, undertook to cooperate with the Committee in good faith in applying and giving full effect to the procedure of individual complaint established there under. The State party's expulsion of the complainant in spite of the Committee's request for interim measures nullified the effective exercise of the right to complaint conferred by article 22, and has rendered the Committee's final decision on the merits futile and devoid of object. The Committee thus concludes that by expelling the complainant under the circumstances described above, the State party breached its obligations under article 22 of the Convention. Consideration of the merits 11. On the merits of the claim under article 3, the Committee has noted that in the present case, the complainant was recognised as a refugee in Germany, as it had been concluded that she would be at risk of persecution if she was returned to Turkey. Her refugee status remained valid at the time of her deportation to Turkey by the State party authorities. The Committee recalls Conclusion No 12 of the UNHCR’s Executive Committee “On the extraterritorial effect of the determination of refugee status”, pursuant to whose letter (f) “the very purpose of the 1951 Convention and the 1967 Protocol implies that refugee status determined by one Contracting State will be recognized also by the other Contracting States”. The State party has not shown why this principle was not respected in the complainant’s case, in circumstances where the general situation of persons such as the complainant and the complainant's own past experiences raised real issues under article 3. The Committee further notes that the Azeri authorities received diplomatic assurances from Turkey going to issues of mistreatment, an acknowledgment that, without more, expulsion of the complainant would raise issues of her mistreatment. While a certain degree of post-expulsion monitoring of the complainant’s situation took place, the State party has not supplied the assurances to the Committee in order for the Committee to perform its own independent assessment of their satisfactoriness or otherwise (see its approach in Agiza v Sweden), nor did the State party detail with sufficient specificity the monitoring undertaken and the steps taken to ensure that it both was, in fact and in the complainant's perception, objective, impartial and sufficiently trustworthy. In these circumstances, and given that the State party had extradited the complainant notwithstanding that it had initially agreed to comply with the Committee’s request for interim measures , the Committee considers that the manner in which the State §§§ See, inter alia, Brada v. France, Communication No. 195/2002, Views adopted on 17 May 2005, paragraph 13.4.