CAT/C/59/D/686/2015
obliged to spend 17 hours a day in a cell with no possibilities of exercising. 22 He further
indicates that, despite his reiterated requests to the authorities, he has not been able to talk
to a psychologist or a psychiatrist and has not been assigned a defence lawyer.23
5.2
On 4 December 2015, the complainant submitted his comments on the State party’s
observations. However, the envelope received by the Committee only contained the first
four pages and blank pages. On 21 December 2015, upon the request of the Secretariat, the
complainant submitted the full version of his comments.
5.3
With respect to his transfer between the Cantons of Vaud and Ticino, the
complainant challenges the State party’s statements in relation to some of the documents
from the Public Prosecutor of Ticino. 24 He alleges that the State party mixes up two
different proceedings: the proceedings regarding his complaint alleging that he was
subjected to torture and ill-treatment during his transfer between Vaud and Ticino Cantons
on 26 June 2014, and the proceedings related to the complaint initiated against him on 4
July 2014.25 He indicates that the file numbers are different 26 and that the decision of nonconsideration of 25 August 2014 concerned the proceedings related to the complaint
presented against him, not to his complaint of torture, which he presented on 26 June 2014.
He also considers suspicious that one of the documents (contained in annex 27) does not
identify the person who signed it on behalf of the Public Prosecutor, while all other
decisions were signed by the Public Prosecutor with his own name and stamp. Therefore,
he considers that the State party’s statement that he did not exhaust all available domestic
remedies is not correct. He also argues that he did not receive any notification of the
decision regarding the handwritten complaint he submitted upon his arrival to La Farera on
26 June 2014 as to the torture he suffered during his transfer between the Cantons of Vaud
and Ticino.27
5.4
In relation to his transfer between the Cantons of Ticino and of Bern on 5 January
2015, the complainant submits that he appealed the 22 June 2015 decision of the Supreme
Court of Bern to the Federal Court. 28 However, on 17 July 2015, he received a letter from
the Federal Court indicating that his envelope contained blank papers and that his appeal
22
23
24
25
26
27
28
10
No further information has been provided.
The complainant has provided a copy of a decision of the judge for coercive measures, dated 11
December 2015, which indicates that a lawyer was appointed for the proceedings related to his
administrative detention and that he should be notified of that appointment. The complainant submits
that when he tried to contact the lawyer, the lawyer denied having been appointed to represent him.
The complainant refers to three documents, contained in annexes, provided by the State party: a
document issued by the Public Prosecutor of Ticino, J.N., dated 25 August 2014, in which the Public
Prosecutor indicates having issued a decision of non-consideration regarding a complaint against the
complainant dated 4 July 2014 (annex 26); a document issued by the Public Prosecutor of Ticino,
dated 27 August 2014 (the person who signs is not identified), in which it is indicated that there was a
mistake in the heading of the decision dated 25 August 2014, which should have said that the
complaint was being submitted against “unknown persons” instead of against “the complainant”
(annex 27); and a document issued by the Public Prosecutor of Ticino, J.N., dated 27 July 2015
indicating that the decision adopted by the Public Prosecutor on 25 August 2014 had not been
appealed (annex 28).
No further details have been provided.
In annexes 26 and 28 (see footnote 39 above), the file number is 2593/2014; in annex 27, it is
6389/2014.
The complainant states that the document contained in annex 24, dated 4 July 2014, which has been
identified by the State party as his complaint regarding the torture he allegedly suffered during the
transfer, is not his real complaint. He submits that the document is a request he made to get a medical
visit to demonstrate that he had been tortured on 26 June 2014.
The date has not been provided.