CAT/C/59/D/686/2015
had the possibility to appeal the solitary confinement decisions to the justice division, the
Court of Appeal and the Federal Tribunal, and that he only used such remedies with regard
to the solitary confinement decisions of 26 April and 4 August 2011. The Committee
further notes that the complainant exhausted all available domestic remedies with regard to
the decision of 26 April 2011 but that he did not do so for the decision of 4 August 2011, as
he only appealed it to the justice division. The Committee considers that the fact that the
complainant appealed the decision of 26 April 2011 demonstrates that he had the necessary
information to exhaust all available domestic remedies as regards the decision of 4 August
2011, but also all subsequent solitary confinement decisions, i.e. those dated 21 March
2013, 21 and 29 July 2014, and 25 November 2014. The Committee notes that the
complainant does not provide any information to the contrary, and therefore concludes that
this part of the communication is inadmissible for non-exhaustion of domestic remedies
under article 22 (5) (b) of the Convention.
8.4
Regarding the complainant’s allegations of ill-treatment and torture during his
transfer between the Canton of Vaud and the Canton of Ticino on 26 June 2014, the
Committee notes the State party’s statement that the Public Prosecutor investigated those
allegations, requesting the University of Varese to examine the causes of the complainant’s
injuries. The Committee also notes that, in view of the conclusions of that examination, the
Public Prosecutor decided on 25 August 2014 to suspend the investigation. The Committee
further notes that, according to the State party, the complainant did not exhaust all available
domestic remedies because he did not appeal that decision. It further notes the author’s
submission that he did exhaust all available domestic remedies, but also notes that he did
not provide any documentation or information to substantiate that affirmation. Therefore,
the Committee considers that the information available does not enable it to conclude that
the complainant exhausted all available domestic remedies and that his allegations of illtreatment and torture during his transfer between Vaud and Ticino are inadmissible for lack
of substantiation under article 22 (2) of the Convention.
8.5
As regards the complainant’s allegations of torture during his transfer between the
Cantons of Ticino and of Bern on 5 January 2015, the Committee notes the State party’s
statement that it “ignores” whether the complainant appealed the decision of the Supreme
Court of Bern dated 22 June 2015 confirming the Public Prosecutor’s decision of nonconsideration. The Committee also notes the complainant’s assertion that he appealed that
decision to the Federal Tribunal45 but that on 17 July 2015 he received a letter from the
Tribunal indicating that his envelope only contained blank papers and that his appeal could
not, therefore, be considered. The Committee notes that the State party does not contest
these allegations. However, the Committee also notes that the information provided by the
complainant does not enable it to conclude that he had indeed submitted an appeal in due
form. Therefore, the Committee considers that this claim is inadmissible under article 22 (2)
of the Convention.
8.6
The Committee notes the State party’s assertion that the complainant did not appeal
the Public Ministry’s decision of non-consideration dated 29 April 2015, in relation to his
allegations of torture and ill-treatment following his refusal to go to the Embassy of Turkey.
The Committee also notes that the information provided by the complainant does not enable
it to conclude that he had indeed submitted such an appeal. Therefore, the Committee
considers that this claim is inadmissible for lack of substantiation under article 22 (2) of the
Convention.
8.7
Concerning the complainant’s removal to Turkey and his submission regarding
article 3 of the Convention, the Committee takes note of the State party’s assertion that the
complainant has not exhausted all available domestic remedies, as the appeal of the
45
The date of the appeal has not been provided.
15