CCPR/C/125/D/2980/2017
such access. On 9 May 2017, brief contact between the lawyer and the authors was allowed.
The request for access to the authors’ case files, however, was denied.
2.4
On 12 May 2017, the authors were removed to Turkey despite the fact that an
extradition hearing had not been held and no judicial decision to that effect had been taken.
Upon return to Turkey, the authors were held in incommunicado detention at an unknown
location.
The complaint
3.1
At the time of the initial submission, the authors claimed that, as detainees, they
were at imminent risk of being tortured and ill-treated, in violation of their rights under
articles 6, 7, 9 and 10 of the Covenant. They noted that they were considered to be
connected to the Gülen movement, which has been designated as a terrorist organization by
the State party, and that cases of torture and abuse had frequently been documented with
regard to individuals alleged to be associated with the movement.2
3.2
The authors further claimed that their rights under article 14 of the Covenant had
been violated as they were held in incommunicado detention in Turkey at an unknown
location and were deprived of their right to a fair trial. The only information the authors’
relatives had received on their whereabouts was that they had been interrogated by the antiterror unit of the Ankara police department on 14 May 2017. Their relatives did not have
any information as to where the authors were detained or whether they had been brought
before a judge or had access to a lawyer and their case files.
3.3
On 25 September 2017, in their comments on the State party’s observations on the
admissibility of the complaint, the authors provide further information on the complaint.
They argue that they have been arbitrarily and unlawfully deprived of their liberty in
violation of their rights under article 9 of the Covenant. They claim that they were removed
from Malaysia without an extradition request; that Turkish authorities have not informed
them of the charges against them; that it took the Turkish authorities 19 and 21 days,
respectively, to bring them before a judge; that they have not had the opportunity to reappear in person or be represented by a lawyer before a court to have their detention
reviewed; and that they do not have access to their case files.
3.4
The authors claim that they have been subjected to ill-treatment in violation of their
rights under article 7 of the Covenant. Mr. Özçelik informed his counsel that he had been
subjected to ill-treatment, that violence had been used against him and that his family had
been threatened. As a result of this ill-treatment, his health problems – in particular his
heart condition – have drastically worsened. Mr. Karaman has also been subjected to illtreatment and torture. The authors claim that they have also been threatened with solitary
confinement.
3.5
In their submission of 25 September 2017, the authors provide further information
as to their claims under article 10 of the Covenant. They claim that their families were not
informed of their prison transfers and that they have been detained in a prison far from their
families’ home town. Contact with their families has been rendered so difficult and
burdensome that they rarely have the opportunity to communicate with them, despite
having made official applications for telephone conversations with family members. They
also claim that they were not allowed to receive clothes from their families for a period of
three months and that they were refused adequate medical care. They have been kept in
overcrowded cells, which are intended for a maximum of 20 persons but in which 26
persons are held. They have been deprived of basic access to food, hygienic conditions and
recreation.
3.6
As to their claim under article 14 of the Covenant, the authors claim that they have
not been informed of the charges against them and that they have not had access to prompt
legal assistance. The first time they were allowed to consult with their respective counsels
2
The authors refer to the report by Human Rights Watch entitled “A blank check, Turkey’s post-coup
suspension of safeguards against torture” of October 2016, and the report by Amnesty International
entitled “Turkey: independent monitors must be allowed to access detainees amid torture
allegations” of July 2016.
3