CAT/C/67/D/857/2017 Advance unedited version 1.1 The complainant is Cevdet Ayaz, a national of Turkey of Kurdish origin born in 1973. At the time of submission of the communication, the complainant was at risk of extradition to Turkey. He claimed that his extradition would amount to a violation, by Serbia, of article 3, in conjunction with article 15 of the Convention. Serbia made the declaration under article 22 of the Convention on 12 March 2001. The complainant is represented by counsel. 1.2 On 11 December 2017, the Committee, acting through its Rapporteur on new complaints and interim measures, requested the State party to refrain from expelling the complainant to Turkey while it considered his complaint. On 5 November 2018, the State party advised the Committee that the Committee’s request for interim measures was not brought to the attention of the Ministry of Justice of Serbia in time to prevent the complainant’s extradition, as the request was delivered on 18 December 2018, while the decision on extradition of the complainant was rendered on 15 December 2018. 1 The facts as presented by the complainant 2.1 The complainant has been a Kurdish political activist since late 1980s. After he turned 18, he became a member of People's Labour Party (HEP). He became close with the president of the Diyarbakir branch of HEP, Mr. Vedet Aydin, who was killed by special Gendarmerie unit on 7 July 1991. Later that year, due to an increasing violence in southeastern Turkey and mass human rights violations committed against the Kurdish minority under the pretext of anti-terror operations, the complainant decided to move to Iraq. There, he remained in the city of Erbil and became a member of the Kurdish political party YEKBUN, which ceased to exist in 1994. He remained in Iraq until 1997, when the situation in Turkey slightly improved. The complainant claims to have never been involved in any military operation, nor ever using any kind of weapon or other violent means for achieving his political goals. He has never been a supporter of groups prone to violence (such as PKK) or a member of any political party that was declared as 'illegal' or 'terrorist' by the Turkish Government. 2.2 Upon his return to Turkey, the complainant led peaceful life in Diyarbakir where he opened a shop selling office supplies. He was not politically active, and in 2000, he went to Malatya for the mandatory military service in the Turkish army. On 6 April 2001, when the complainant was returning to his military base in Malatya from the granted leave, his bus was stopped by gendarmes and anti-terror forces, and the complainant was taken to the police station in Elazig where he was kept overnight. He was not informed about the reasons for his detention, was not given access to a lawyer or allowed to inform his family or anyone else about his whereabouts. The following day, he was taken to the Anti-Terror Department in Diyarbakir where he was held incommunicado until 18 April 2001. 2.3 The treatment to which the complainant was submitted during his incommunicado detention between 6 and 18 April 2001 included: being punched, slapped, kicked and beaten by police batons; being kept blindfolded most of the time during the detention; being subjected to ‘Palestinian hanging’; 2 being subjected to electric shocks applied through genitals and nipples while he was held on the ground; being hosed with high pressured cold water; being constantly threatened with execution or serious injury to him and his family; being verbally abused due to his Kurdish origin. 2.4 After days of torture, the complainant was forced to sign confession papers while blindfolded, which, as he later found out, said that he was a member and one of the leaders of the Revolutionary Party of Kurdistan ('PSK'). After signing the confession, the complainant was taken to a medical unit where he told the doctor that he had been tortured, however the doctor, in presence of the police officers who tortured him, told him that he was fine and told the officers to take him away. The complainant notes that such party does not exist and he has never heard about it. On 18 April 2001, the complainant was brought before the Diyarbakir court, where he was for the first time allowed to see an attorney. At the hearing, 1 2 2 The State party does not say when exactly the complainant was extradited. According to the counsels, the complainant was extradited to Turkey on 25 December 2018. Palestinian suspension (strappado, reverse hanging, Corda, Scorpion Position, Akrab), is a form of suspension where the arms or wrists are tied behind the back and then attached to a horizontal bar (https://dignity.dk/en/dignitys-work/health-team/torture-methods/suspension/).

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