CAT/C/38/D/281/2005** Page 3 the complainant to Turkey††. By Note Verbale of 30 April 2007, the State party informed the Committee that the complainant was released form custody by decision of the Istanbul Court for Grave Crimes of 12 April 2007. The facts as submitted by the complainant 2.1 From 1993 to 1996, the complainant was detained in Turkey on charges of “subversive activities and terrorism” for the PKK (Communist Party of Kurdistan). She was released after her acquittal by the Istanbul State Security Court, based on the insufficiency of evidence. She claims that while in detention, she was tortured, although she does not describe the acts of torture nor provides any medical certificate in corroboration. 2.2 In 1998, the complainant fled to Germany, where she was granted refugee status. In 2002 she began working as a journalist for a pro-Kurdish news agency. In February 2003, she was sent to Iraq to cover the events there. In November 2003, she covered a PKK press conference in Northern Iraq, which was broadcast on Al-Jazeera TV. In May 2004, the news agency’s office in Mosul was attacked by unidentified armed individuals, who took away her travel documents. On 6 November 2004, she entered Azerbaijan to contact the German Embassy and have her travel documents re-issued. Azerbaijani authorities then arrested her for illegal entry into the country. 2.3 On 3 December 2004, the Istanbul District Court for Grave Crimes sentenced the complainant in absentia to 10 years’ imprisonment, for her involvement in subversive activities for the PPK, because she attended a meeting in Northern Iraq as a journalist to cover a meeting of PKK members. On 6 December 2004, the Istanbul District Court requested her extradition from Azerbaijan. 2.4 On 17 March 2005, the Sharursk Court in Nakhchvan (Azerbaijan) sentenced her to a fine for illegal entry. Although the court ordered her release, she was arrested in the courtroom by agents of the Ministry of the Interior, who brought her to Baku and placed her in detention. On 2 June 2005, the Court for Serious Crimes of Azerbaijan decided to extradite her to Turkey. On 2 September 2005, the Court of Appeal confirmed this decision. This judgment became executory immediately. On 14 September 2005, the complainant lodged an appeal in the Supreme Court, but this appeal does not have suspensive effect, and she risks extradition at any time. The complaint 3. The complainant claims that her deportation to Turkey would violate article 3 of the Convention, as there are substantial grounds for believing that, if deported, she would be subjected to torture or other inhuman treatment and forced to confess guilt. She would immediately be taken into custody and questioned by the Department for Fight against Terrorism. In the past years, Azerbaijan has returned an important number of individuals accused of links with the PKK to Turkey. †† See paragraph 8.1

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