Advance unedited version CAT/C/67/D/857/2017 the complainant told the judge that he was tortured and forced to sign a confession. However, neither the judge nor the prosecutor asked him any questions about the torture, and the court ordered that he should be further kept in pre-trial detention. The complainant was released after 10 months in pre-trial detention, however, the criminal case against him and 36 other persons associated with his party continued. 2.5 In 2006, the European Court of Human Rights examined the complainant’s case and found a violation of the right to liberty and security under article 5 (unlawful and arbitrary detention in Diyarbakir police headquarters, and lack of access to lawyer and judicial examination of his detention).3 2.6 On 27 November 2012, after 11 years of investigation, the Diyarbakir Court sentenced the complainant and five other co-defendants to 15 years of imprisonment for participation in an armed organization, namely the Revolutionary Party of Kurdistan (PSK), which, as stated in the court decision, aims to destroy the present system of the Republic of Turkey and to establish in its place an independent Kurdish State on the basis of socialist system, under the name Kurdistan, over the region of eastern and south-eastern Anatolia region. The trial consisted of only a few evidentiary hearings during which the complainant was absent as he was not summoned to appear. He was not present during the sentencing but was informed about the verdict by his lawyer. 2.7 The complainant submitted an appeal to the Supreme Court of Turkey stating all of the violations during the pre-trial investigation (torture, extortion of confession, deprivation of legal representation). On 6 April 2016, the Supreme Court rejected his appeal. After this decision, the complainant fled Turkey and travelled through several countries trying to reach Germany (Iran, Ukraine, Azerbaijan, Russia, Montenegro). 2.8 The complainant was arrested on 30 November 2016 on the border crossing between Serbia and Bosnia and Herzegovina on the basis of an international arrest warrant issued in Turkey. On the same day, he was questioned by a judge at the Higher Court in Šabac in the presence of an ex-officio lawyer. However, since the complainant did not know Serbian, the court invited a local merchant who had business connections in Turkey to translate for the complainant. This person did not speak Turkish well, and during the court hearing had to consult over the phone with his associate in Turkey who in turn had to re-phrase judge’s questions to the complainant. For the same reason, the ex-officio lawyer also was not able to provide confidential counseling for the complainant. The Higher Court in Šabac decided to keep the complainant in detention pending his extradition. 2.9 On 2 December 2016, the complainant appealed against his detention. On 6 December 2016, the Higher Court in Šabac denied his appeal. On 7 December 2016, the Turkish authorities submitted a request to the Ministry of Justice of Serbia for the complainant’s extradition. On 19 January 2017, the Higher Court in Šabac decided that all prerequisites for the complainant’s removal to Turkey were met in line with articles 7 and 16 of the Law on Mutual Assistance in Criminal Matters. There was no rigorous scrutiny by the Higher Court in Šabac in examining the risks of treatment contrary to article 3 of the Convention. The decision was rendered based on documents received from Turkey and related to the complainant's case, which were not properly translated to Serbian and, as a result, were unreadable. The translation was done in the mixture of Serbian and Macedonian languages in Cyrillic and Latin alphabet. The same translated documents were used throughout the extradition procedure. 2.10 On 3 February 2017, the complainant appealed the decision to extradite him to the Appellate Court in Novi Sad. On 23 February 2017, the Appellate Court in Novi Sad quashed the decision of the Higher Court in Šabac on the grounds that it did not provide for adequate interpretation during the proceedings and did not establish for which criminal offence the complainant had been convicted in Turkey. 2.11 On 17 March 2017, the Higher Court in Šabac rendered an identical decision without proper questioning of the complainant, without properly translating the documents received 3 Ayaz and others v. Turkey, Application No. 11804/02.

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