CAT/C/66/D/845/2017 end of the deadline set by Decision No. 1182 and that, accordingly, the Government of the Republic of Turkey had decided to withdraw the notice of derogation from the European Convention on Human Rights. 28 However, a series of legislative measures have been adopted that extend the application of the restrictive measures introduced during the state of emergency, including the possibility of prolonging police custody for up to 12 days. 29 7.10 In the complainant’s case, the Committee observes that, when authorizing the extradition, the Court of Cassation of Rabat made no assessment of the risk of torture that extradition would entail for him in view of the situation in Turkey since the attempted coup d’état in July 2016, particularly for persons who, like the complainant, are thought to be members, or actually are members, of the Hizmet movement. The Committee notes that, according to the State party, Turkey gave assurances that the complainant’s rights would be respected, in accordance with the international instruments that it has ratified. However, no explanation was given as to how the State party had assessed the risk of torture that the complainant might face, as was needed to guarantee that he would not be subjected to treatment contrary to article 3 of the Convention upon his return to Turkey. 7.11 The Committee also notes that article 721 of the Moroccan Code of Criminal Procedure does not specifically mention the risk of torture or ill-treatment that a person whose extradition is requested might face, but rather only the risk of his or her personal situation being aggravated for reasons of race, religion, nationality or political opinion, where the State party deems the offence in respect of which extradition is requested to be a political or related offence. 30 In the present case, on the basis of the assessments of the Court of Cassation, sitting as an extradition court, the Committee cannot conclude that the Court considered the argument that the complainant faces a present, foreseeable, real and personal risk of torture in the event of his extradition to Turkey. In view of the complainant’s profile as a perceived or actual member of the Hizmet movement, the Committee concludes that, in this case, assurances are insufficient to dispel the argument that a foreseeable, real and personal risk of the complainant being subjected to torture if extradited to Turkey, in violation of article 3 of the Convention, can be said to exist. 8. The Committee, acting under article 22 (7) of the Convention, therefore concludes that the complainant’s extradition to Turkey would constitute a violation of article 3 of the Convention. 9. The Committee is of the opinion that, in accordance with article 3 of the Convention, the State party has a duty to: (a) Ensure that similar violations do not occur in the future by conducting an individual assessment of the real risk of torture and ill-treatment, including by taking account of the general human rights situation in the country of return, whenever it receives an extradition request under an extradition agreement or in relation to extradition proceedings; (b) Refrain from extraditing the complainant to Turkey and examine the request for his extradition to Turkey in the light of its obligations under the Convention, which include the obligation to carry out an assessment of the risk of torture and ill-treatment in the event of extradition, and under the present decision, especially since the complainant filed a request for international protection with the Office of the High Commissioner for Refugees in Rabat on 23 May 2017. As the complainant has been in preventive detention for more than two years, the State party is under an obligation to free him. 31 10. The Committee urges the State party, in accordance with rule 118 (5) of its rules of procedure, to inform it, within 90 days of the date of transmittal of this decision, of the steps taken in response to this decision. 28 29 30 31 GE.19-10568 Council of Europe, reservations and declarations for Treaty No. 005, Convention for the Protection of Human Rights and Fundamental Freedoms, 12 June 2019. Available at the following address: www.coe. Int/fr/web/conventions/search-on-treaties/-/conventions/treaty/005/declarations. Human Rights Watch, World Report 2019, “Turkey: Events of 2018”. Available at the following address: https://www.hrw.org/world-report/2017/country-chapters/turkey. See footnote 9. Alhaj Ali v. Morocco, para. 9. 9