CAT/C/66/D/846/2017 State party’s observations on admissibility and the merits 4.1 In notes verbales dated 19 December 2017 and 30 April 2018, the State party submitted observations on the background to the complainant’s detention and the request for his extradition. 4.2 The State party identifies the complainant as Ayden Elmas, a Turkish citizen born on 14 April 1958. He is the manager of the VAFA company in Tétouan, which specializes in managing a chain of retail establishments, including ice cream shops, bakeries, restaurants and fast-food outlets. He also has other business interests in the import-export sector. 4.3 On 26 July 2017, the complainant was arrested in Morocco, pursuant to international arrest warrant No. 2754/2016, issued by the court of first instance of Malatya on 6 August 2016, for his alleged membership of an armed terrorist group, the Hizmet movement. The complainant was brought before the Crown Prosecutor at the court of first instance of Tétouan, who ordered that he be placed in pretrial detention in the Salé 2 local prison. 4.4 The Turkish authorities submitted a written extradition request that was translated into Arabic in accordance with article 29 of the Agreement between the Kingdom of Morocco and the Republic of Turkey on Mutual Assistance in Criminal Matters and Extradition, concluded on 15 May 1989. The annex to the extradition request contained the following documents: the arrest warrant issued by the Turkish judicial authorities, a summary of the offences for which extradition was requested, a description of the person subject to the extradition request, along with all his personal details, and the legal provisions applicable to the case. 4.5 On 19 September 2017, the Criminal Division of the Court of Cassation adopted decision No. 1429/3, accepting the request for the complainant’s extradition. In the view of the Court, the extradition request met all the procedural and substantive conditions established in the Agreement on Mutual Assistance. 4.6 Concerning the allegations that the complainant’s extradition would expose him to torture in violation of article 3 of the Convention, the State party submits that the Court of Cassation, in its decision, considered the offences that are the subject of the extradition, including the commission of terrorist acts and the financing of terrorism, to be ordinary offences under Turkish law. There was no connection with political offences or offences associated with them. The charges brought against the complainant would therefore not lead to his being prosecuted or punished on grounds of race, religion, nationality or political opinion and would not risk aggravating his situation for any of those reasons. 4.7 In this regard, it is worth noting that the provisions of Moroccan law relating to torture adequately implement the provisions of the Convention. Article 721 of the Code of Criminal Procedure provides for the inadmissibility of an extradition request if the Moroccan authorities have serious reasons to doubt that the request relates to an ordinary offence. Thus, accused persons cannot be extradited for prosecution or punishment on grounds of race, religion, or political opinions or on the basis of their personal situation. 4.8 Even though the complainant did not invoke the risk of torture before the Court of Cassation, Turkey presented the necessary procedural safeguards relating to the complainant’s rights, including the right to a defence, as stipulated in the international agreements ratified by Turkey and in its national legislation. Moreover, the fact that Turkey has accepted the procedure for submission of individual complaints under article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights) enables the complainant to file a complaint to the European Court of Human Rights if his rights are violated. 4.9 The State party is of the view that the complainant has not sufficiently substantiated the allegations that the evidence presented by the Turkish authorities is not convincing. Furthermore, it is not within the Court of Cassation’s competence to rule on the question of the complainant’s innocence or guilt. It is for the competent judicial authorities of the State requesting the extradition to hand down a decision in that regard, with full respect for the rules ensuring a fair trial. 4 GE.19-10782

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