CAT/C/66/D/845/2017
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
25 June 2019
English
Original: French
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 845/2017*, **
Communication submitted by:
Mustafa Onder (represented by counsel, El kbir
Lemseguem)
Alleged victim:
The complainant
State party:
Morocco
Date of complaint:
17 October 2017
Document references:
Decision taken pursuant to rules 114 and 115 of
the Committee’s rules of procedure, transmitted
to the State party on 20 October 2017 (not issued
in document form)
Date of decision:
10 May 2019
Subject matter:
Extradition to Turkey
Procedural issues:
Exhaustion of domestic remedies
Substantive issues:
Risk of torture for political reasons upon
extradition (non-refoulement)
Articles of the Convention:
3 and 22
1.1
The complainant is Mustafa Onder, a Turkish national born in 1985. He claims that
his extradition to Turkey would constitute a violation by Morocco of article 3 of the
Convention. Morocco ratified the Convention on 21 June 1993 and made a declaration
recognizing the competence of the Committee under article 22 of the Convention on 19
October 2006. The complainant is represented by counsel, El kbir Lemseguem.
1.2
On 18 December 2017, the State party informed the Committee that the
complainant’s extradition to Turkey had been suspended until the Committee issued its
decision on the complaint.
The facts as submitted by the complainant
2.1
In 2013, the complainant, who is a teacher, moved with his wife and two children to
Morocco, where he teaches in a private school. On 26 April 2017, the complainant and his
* Adopted by the Committee at its sixty-sixth session (23 April–17 May 2019).
** The following members of the Committee participated in the examination of the communication:
Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé, Bakhtiyar Tuzmukhamedov and Honghong Zhang. In accordance with rule
109 of the Committee’s rules of procedure, Essadia Belmir did not take part in the consideration of
the communication.
GE.19-10568 (E)
041019 091019