CAT/C/52/D/466/2011
Annex
Decision of the Committee against Torture under article 22
of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
(fifty-second session)
concerning
Communication No. 466/2011
Submitted by:
Nicmeddin Alp (represented by counsel,
Niels-Erik Hansen)
Alleged victim:
The complainant
State party:
Denmark
Date of complaint:
21 June 2011 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 14 May 2014,
Having concluded its consideration of complaint No. 466/2011, submitted to the
Committee against Torture on behalf of Nicmeddin Alp under article 22 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is Nicmeddin Alp, a Turkish national born in 1962. His asylum
application was rejected in Denmark and, at the time of submission of the complaint, he
was awaiting expulsion to Turkey. He claims that his expulsion to Turkey would constitute
a violation, by Denmark, of article 3 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. The complainant is represented by
counsel, Niels-Erik Hansen.
1.2
On 24 June and 28 June 2011, the Committee, acting through its Rapporteur on new
complaints and interim measures, decided not to accede to the complainant’s request for
interim measures of protection to suspend his expulsion. On 28 June 2011, the complainant
was returned to Turkey by the Danish authorities.
Factual background
2.1
The complainant is an ethnic Kurd and a Muslim from Nusaybin, Turkey. Since
1982, he has been called up yearly to perform military service, but has not responded to the
calls. From 1987 to 2001, he was a member of the Kurdistan Liberation Party (PRKRizgari, the PRK). In 1982, a number of party members were arrested and provided the
2