CAT/C/38/D/281/2005**
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7.15 The State party concludes that the complainant failed to submit sufficient evidence that
she faces a foreseeable, real and personal risk of torture and other ill-treatment contrary to
article 3 of the Convention.
8.1 On 17 October 2006, the complainant’s lawyer informed the Committee that Ms. Pelit
had been extradited to Turkey on 13 October 2006. The lawyer has not been informed of this
prior to his client’s removal.
8.2 In the light of this information, the Committee, acting through its Special Rapporteur on
Interim Measures, addressed a Note Verbale to the State party on 17 October 2006, in which
it recalled that failure to respect a call for interim measures of protection undermines
protection of the rights enshrined in the Convention. The State party was requested to provide
clarifications in relation to the current status and whereabouts of Ms. Pelit.
8.3 On 8 November 2006, the State party reiterated the information contained in its
submission of 9 October 2006. It added that it had contacted the Turkish authorities to
arrange a meeting of an authorised representative with the complainant, to verify her situation
and her health. The State party’s submission was transmitted to counsel with a request for
comments, but no reply has been received.
8.4 The Committee discussed the situation of the complainant during its 37th session, in
November 2006. It decided to address a letter to the State party. In this letter, dated 24
November 2006, the Committee expressed grave concern about the manner in which the State
party acted in the case. The Committee requested the State party to provide it with timely
information on the current whereabouts and state of well-being of Ms. Pelit. On 8 February
2007, the State party was once more invited to present comments in this relation.
9.1 On 26 February 2007, the State party produced updated information on the status of the
complainant in Turkey. It notes that since the extradition of the complainant, the Azeri
Embassy in Turkey has engaged in regular monitoring of the conditions in which the
complainant is detained, and a counsellor of the Embassy has had private conversations with
her.
9.2 The complainant is currently detained in the penitentiary institution “Gebze M Tipli
Kapali Infaz Kurumu” (Gebze City), and in a conversation with her, she had confirmed that
she is detained under normal conditions. She has access to her lawyer and may have a phone
conversation during five minutes every week. Every day, she is provided with newspapers.
9.3 The State party observes that detainees cannot receive food from outside, but the
complainant is provided with meals three times per day. In her conversation with the
Embassy counsellor, she expressed general satisfaction about the food, although she noted
that sometimes, it was of poor quality. She had passed a medical check in the penitentiary
institution and no health problems were detected.
9.4 In another private conversation with the Embassy representative, the complainant
confirmed that she had not been subjected to torture or ill-treated by the penitentiary
authorities. She also affirmed that her health conditions were satisfactory. The State party
adds that it will continue to monitor the complainant’s situation.