CAT/C/38/D/281/2005**
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ANNEX
DECISION OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT
Thirty-eighth session
Concerning
Communication No. 281/2005
Submitted by:

Ms. Elif Pelit (represented by counsel)

Alleged victim:

The complainant

State party:

Azerbaijan

Date of the complaint:

21 September 2005 (initial submission)

The Committee against Torture, established under Article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 1 May 2007,
Having concluded its consideration of complaint No. 281/2005, submitted to the
Committee against Torture on behalf of Ms. Elif Pelit under article 22 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant, his
counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention against
Torture.

1.1 The complainant is Ms. Elif Pelit, born in 1972, a Turkish national of Kurdish origin,
who at the time of submission of the communication was facing deportation from Azerbaijan
to Turkey; she claimed that, in case of her forced removal to Turkey, she would risk torture in
violation of article 3 of the Convention. She is represented by counsel.
1.2 By Note Verbale of 22 September 2005, the Committee transmitted the complaint to
the State party, together with a request, under Rule 108, paragraph 1, of the Committee’s
Rules of Procedure from the Special Rapporteur on Interim Measures not to deport the
complainant to Turkey, while her complaint is under consideration. On 1 December 2005, the
State party informed the Committee that it would not deport the complainant, pending the
Committee’s final decision. Notwithstanding, on 13 October 2006, the State party extradited

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