CAT/C/66/D/846/2017 1.1 The complainant is Elmas Ayden, a Turkish national born on 14 April 1958. He is currently being detained in Morocco, pending extradition, pursuant to an extradition request from Turkey. The complainant states that his extradition to Turkey, where he claims to be at risk of torture, would constitute a violation by Morocco of its obligations under article 3 of the Convention. Morocco ratified the Convention on 21 June 1993 and declared that it recognized the competence of the Committee under articles 21 and 22 of the Convention on 19 October 2006. The complainant is represented by counsel, Mr. El kbir Lemseguem. 1.2 In his complaint, the complainant asked the Committee to take interim measures. On 20 October 2017, in application of rule 114 (1) of its rules of procedure, the Committee asked the State party not to extradite the complainant to Turkey while the complaint was being considered. 1.3 On 15 November 2018, the Committee was informed that the complainant was reportedly suffering from serious health problems, was not receiving the care that he needed and, speaking neither Arabic nor French, did not have access to an interpreter during visits by health professionals, which prevented him from informing them of the symptoms and medical difficulties that he was experiencing. In accordance with rule 114 (1) of its rules of procedure, the Committee requested the State party to urgently adopt the necessary protective measures to ensure that the complainant had access to the medical care he required and to the assistance of an interpreter for communication with medical personnel. The Committee also requested the State party to transmit the complainant’s medical report to his counsel as soon as possible so that his family could have access to it. On 1 February 2019, the State party informed the Committee that the complainant remained in detention and that he enjoyed all the safeguards necessary for the exercise of his rights, particularly regarding his health. The facts as presented by the complainant 2.1 The complainant is a married businessman who, in 2016, moved to Tétouan in Morocco, where he set up a company that sold ice cream. 2.2 On 26 July 2017, while on his way to his shop, the complainant was arrested by the Moroccan police, pursuant to an arrest warrant issued by the Turkish authorities under registration No. 2754/2016, for being a member of the Hizmet movement. When his identity had been established, the Tétouan public prosecutor informed him of the reasons for his arrest and referred him to the Court of Cassation (the court responsible for ruling on extradition requests), which ordered that he be detained in Salé 2 prison. On 13 September 2017, the complainant appeared before the Moroccan Court of Cassation, assisted by his lawyer, Mr. El kbir Lemseguem. The defence essentially argued that the request for extradition was politically motivated, basing its arguments on the fact that the Turkish case file contained absolutely no evidence of his membership of the Hizmet movement, which had been classified as a terrorist organization by the Turkish State. 2.3 The Turkish authorities put forward evidence that was unsubstantiated both in law and in fact. They claimed that the complainant was an active member of the Hizmet movement and a member of the Makiad businessmen’s association in Malatya and the Battalgazi educational foundation. The Turkish authorities reported that he subscribed to the Zaman newspaper and that books by Fethullah Gülen had been seized from his home in Turkey. They also accused him of making deposits in Bank Asya and of fleeing to the United States of America after the attempted coup in 2016. The complainant states that his membership of the Makiad and Battalgazi foundations, which were among the most prestigious associations in Malatya, was in compliance with Turkish law, and that he does not know whether the two foundations were working for the Hizmet movement. 2.4 The complainant’s trips outside Turkey were for tourism or business purposes. He denies being an active member of the Hizmet movement and states that the Fethullah Gülen books that were seized at his home are readily available for purchase. As his passport shows, he never fled Turkey for the United States. His subscription to the Zaman newspaper is entirely in keeping with the law, as it would be for any citizen who takes a newspaper published in accordance with Turkish law. It is also legal for him to pay his 2 GE.19-10782

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