CAT/C/32/D/214/2002
Page 2
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-second session
Concerning
Complaint No. 214/2002
Submitted by :
M. A. K. (represented by counsel, Mr. Reinhard
Marx)
Alleged victim:
The complainant
State Party:
Germany
Date of complaint:
10 September 2002 (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 12May 2004,
Having considered complaint No. 214/2002, submitted to the Committee
against Torture under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having taken into account information made available to it by the complainant
and the State party,
Adopts the following decision:
1.1
The complainant is M. A. K., a Turkish national of Kurdish origin, born in
1968, currently residing in Germany and awaiting expulsion to Turkey. He claims that
his forcible return to Turkey would constitute a violation by the Federal Republic of
Germany of article 3 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. He is represented by counsel.
1.2
On 11 September 2002, the Committee forwarded the complaint to the State
party for comments and requested, under Rule 108, paragraph 1, of the Committee’s
rules of procedure, not to extradite the complainant to Turkey while his complaint was
under consideration by the Committee. The Committee indicated, however, that this
request could be reviewed in the light of observations provided by the State party on
the admissibility or on the merits. The State party acceded to this request.