The decision of the Committee against Torture of 10 May 2019 in the case of Mustafa Onder v. Morocco (communication No. 845/2017).
In 2017, the author of the communication was assisted in preparing a complaint. Subsequently, the complaint was communicated to Morocco.
Subject of the message: extradition of the applicant to Turkey.
Substantive issues: the risk of torture in the case of extradition for political reasons (the principle of non-refoulement).
The Committee drew attention to the fact that article 721 of the Moroccan Code of Criminal Procedure does not specifically mention the risk of torture and ill-treatment in the event of extradition, but only mentions the risk of deterioration of the personal situation of a person against whom extradition has been requested for any reason related to his race, religion, nationality or political beliefs, if the crime in connection with which it is requested is qualified by the State party as a political crime or a crime, related to a political crime. In the present case, taking into account the assessment carried out by the Court of Cassation, which is authorized to rule on the issue of extradition, the Committee was unable to conclude that this court had considered arguments that there was currently a foreseeable, real and personal risk of torture for the applicant if he were extradited to Turkey. In view of the applicant's circumstances related to his alleged or actual affiliation with the Hizmet movement, the Committee concluded that in this case the assurances were not sufficient grounds for rejecting arguments that there was a foreseeable, real and personal risk of torture for the applicant if he were extradited to Turkey, which would therefore constitute a violation Article 3 of the Convention.