CAT/C/68/D/826/2017

United Nations

Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment

Distr.: General
20 December 2019
English
Original: French

Committee against Torture

Decision adopted by the Committee under article 22 of the
Convention, concerning communication No. 826/2017*, **
Communication submitted by:

Ismet Bakay (represented by counsel, El kbir
Lemseguem)

Alleged victim:

The complainant

State party:

Morocco

Date of complaint:

30 May 2017 (initial submission)

Document references:

Decision taken pursuant to rule 115 of the
Committee’s rules of procedure, transmitted to
the State party on 8 June 2017 (not issued as a
public document)

Date of decision:

… November 2019

Subject matter:

Extradition to Turkey

Procedural issues:

Exhaustion of domestic remedies; inadmissibility
owing to non-substantiation

Substantive issue:

Risk of torture if extradited for political reasons
(non-refoulement)

Article of the Convention:

3

1.1
The complainant is Ismet Bakay, a national of Turkey born on 5 April 1984. He is
facing extradition to Turkey and considers that his removal would constitute a violation by
Morocco of article 3 of the Convention. Morocco ratified the Convention on 21 June 1993
and has made the declaration pursuant to article 22 of the Convention, effective from 19
October 2006. The complainant is represented by counsel, El kbir Lemseguem.
1.2
On 8 June 2017, pursuant to rule 114 (1) of its rules of procedure, the Committee,
acting through its Rapporteur on new complaints and interim measures, asked the State
party not to deport the complainant to Turkey while the complaint was being considered.

* Adopted by the Committee at its sixty-eighth session (11 November–6 December 2019).
** The following members of the Committee participated in the examination of the communication:
Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Ana Racu, Diego RodríguezPinzón, Sébastien Touzé and Bakhtiyar Tuzmukhamedov. Pursuant to rule 109, read in conjunction
with rule 15, of the Committee’s rules of procedure, and paragraph 10 of the guidelines on the
independence and impartiality of members of the human rights treaty bodies (the Addis Ababa
guidelines), Essadia Belmir did not participate in the examination of the communication.

GE.19-22197 (E)

311219 030120

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