CAT/C/61/D/747/2016
United Nations
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.: General
7 September 2017
Original: English
Committee against Torture
Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 747/2016*, **
Communication submitted by:
H.Y.
Alleged victim:
The complainant
State party:
Switzerland
Date of complaint:
4 May 2016 (initial submission)
Date of present decision:
9 August 2017
Subject matter:
Extradition to Turkey
Substantive issues:
Torture; non-refoulement
Procedural issue:
None
Article of the Convention:
3
1.1
The complainant is H.Y., a national of Turkey of Kurdish ethnicity and Armenian
Orthodox origin, born in 1967, who is currently being detained in Burgdorf, Bern,
Switzerland, awaiting extradition to Turkey. He had acquired resident status in Switzerland
when extradition proceedings against him were initiated in Turkey in 2011. In 2015, the
Swiss authorities ordered his extradition on the basis of diplomatic assurances provided by
Turkey. On 3 May 2016, the complainant’s appeal against the extradition order was
rejected by the Federal Supreme Court.
1.2
In accordance with article 22 (3) of the Convention, the Committee brought the
complaint to the State party’s attention on 6 May 2016. At the same time, 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 9 May 2016, the State party informed the Committee that it had taken the
necessary steps to stay the complainant’s extradition until the Committee issued a decision
on the merits of the case or on lifting the interim measures.
Facts as submitted by the complainant
2.1
The complainant’s extended family have been engaged in the Kurdish cause in
Turkey for a generation. His father was a first-generation fighter for the Kurdistan Workers
Party (PKK) and was killed in a fight between PKK and village guards. The complainant
supported PKK and was detained and tortured several times in this connection.
* Adopted by the Committee at its at its sixty-first session (24 July-11 August 2017).
** The following members of the Committee took part in the consideration of the communication:
Essadia Belmir, Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens
Modvig, Ana Racu, Sébastien Touzé and Kening Zhang.
GE.17-15624(E)