CCPR/C/125/D/2980/2017
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
23 September 2019
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2980/2017*, **, ***
Communication submitted by:
İsmet Özçelik, Turgay Karaman and I.A.
(represented by counsel, Walter Van
Steenbrugge)
Alleged victims:
The authors
State party:
Turkey
Date of communication:
12 May 2017 (initial submission)
Document references:
Decision taken pursuant to rules 92 and 97 of the
Committee’s rules of procedure (now rules 94
and 92), transmitted to the State party on 19 May
2018 (not issued in document form)
Date of adoption of Views:
26 March 2019
Subject matter:
Arbitrary arrest and detention; access to justice
Procedural issues:
Exhaustion of domestic remedies; level of
substantiation of claims
Substantive issues:
Right to life; torture and ill-treatment; arbitrary
arrest and detention; conditions of detention;
right to a fair trial; derogation under article 4 of
the Covenant
Articles of the Covenant:
4, 6, 7, 9, 10 and 14
Articles of the Optional Protocol:
1, 2 and 5 (2) (b)
1.1
The authors of the communication are İsmet Özçelik, Turgay Karaman and I.A.,
nationals of Turkey born in 1959, 1974 and 1978, respectively. The authors were removed
from Malaysia to Turkey on 12 May 2017. They claim a violation of their rights under
articles 6, 7, 9, 10 and 14 of the Covenant. The Optional Protocol entered into force for the
* Adopted by the Committee at its 125th session (4–29 March 2019).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Christopher Arif Bulkan, Ahmed
Amin Fathalla, Shuichi Furuya, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, Duncan Laki
Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais,
Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.
*** An individual opinion by Committee member Gentian Zyberi (partly, concurring, partly dissenting) is
annexed to the present Views.
GE.19-16236(E)