In order to properly and accurately inform the public about the case of a Turkish citizen of Kurdish origin, Cevdet Ayaz, who is represented by lawyers of the Belgrade Centre for Human Rights in the asylum procedure in the Republic of Serbia, we would like to inform the public about the details of this case.
It is important to note that the proceedings regarding his request for asylum have not reached a binding decision stage. The Republic of Serbia is oblied not to return persons to the territory where there is a risk of them being subjected to torture, inhuman or degrading treatment or punishment (non-refoulement), in accordance with Article 3 of the European Convention on Human Rights and Fundamental Freedoms, Article 33 of the Convention on the Status of Refugees and Article 6 of the Law on Asylum of the Republic of Serbia. Mr Ayaz applied for asylum in the Republic of Serbia claiming that he would be subjected to persecution in the country of origin, that his life, physical and psychological integrity and freedom would be endangered in case of return to the country of origin. Bearing in mind that the asylum procedure of Mr Ayaz has not been finalized, he should not be extradited to Turkey before it is determined whether he should be granted refugee status.
Deciding on the request of the BCHR lawyers and the attorney at law of Mr Ayaz December 11, 2017, the UN Committee against Torture requested from the Republic of Serbia to refrain from returning Cevdet Ayaz to Turkey until the end of the proceedings before this body. On December 13, Permanent Mission of the Republic of Serbia to the United Nations informed the the Ministry of Foreign Affairs, Ministry of Internal Affairs and Ministry of Justice on the decision of the Committee. The Committee against Torture reached this decision after finding that there was a risk that Mr Ayaz would be subjected to acts contrary to the absolute prohibition of torture if he was to be returned to Turkey. Mr Ayaz is a Kurdish political activist, a victim of torture, who left the country of origin after being sentenced to fifteen years in prison on charges of acting against the constitutional order of Turkey, with a conviction rendered on the basis of a statement extorted from him without the presence of a lawyer and with use of electric shocks, spraying with high-pressure cold water and constant psycho-physical abuse.
The European Court of Human Rights has once found that the detention of Mr Ayaz in Turkey was a violation of his right to liberty and security (Ayaz and others v. Turkey, 11804/02). Turkey was declared responsible for the violation of Article 5 of the European Convention on Human Rights, since under the Turkish regulations at that time it was possible for persons who are suspected of committing certain offenses to be deprived of their liberty without immediate trial before a court deciding on the lawfulness of the deprivation of freedom.
Mr Ayaz has been in extradition custody since last year following the decision of the Higher Court in Sabac, which issued a decision on his extradition on December 1, 2017. His attorney at law filed an appeal against this decision. However the Court of Appeal in Novi Sad confirmed the decision of the Higher Court in Sabac on December 14, 2017, regardless of the fact that the Court of Appeal was informed of a decision of the Committee against Torture that was translated into Serbian and verified by the court interpreter. Therefore, before the proceedings before the Court of Appeal were finalized, the competent authorities of Serbia were informed of the decision of the Committee against Torture. Therefore, it remains unclear how the Minister of Justice was not aware of the Committee’s decision when the decision to extradite Mr Ayaz to Turkey was made, according to media reports, on December 15. In addition, Mr Ayaz has not yet received the decision of the Court of Appeal in Novi Sad, nor any decision of the Minister of Justice. After the visit to the Shelter for Foreigners on December 23 and insight into his case, his attorney at law determined that the case files also did not contain the decisions of the Court of Appeal in Novi Sad, nor the decision of the Minister of Justice. His attorney never received any decision of the Ministry of Justice.
It is important to note that on 30 November Mr Ayaz was removed from the custody, which was replaced by a measure that prohibited him from leaving the territory of Banja Koviljaca. However, since 1 December, Mr Ayaz has been illegally and arbitrarily deprived of liberty at the Shelter for foreigners in Padinska Skela, without a legally based decision of a competent authority with the right to appeal.
If the Republic of Serbia wishes to fulfill its freely undertaken international obligations in good faith, the competent authorities should wait for the finalization of proceedings before the Committee against Torture. and only then, depending on the outcome, decide whether his extradition will be allowed.