Türkiye has requested that a person be extradited there to serve a prison sentence for, among other things, aggravated assault and aggravated unlawful threats.
The person who is requested to be extradited is Kurdish and there has been no reason to question that he is active in the pro-Kurdish People's Democratic Party (HDP).
The man has claimed that Türkiye considers him a terrorist and in support of this has cited several judgments and decisions in which he has been sentenced to prison for propagating for a terrorist organization and for insulting the President. Nothing has come to light to call into question the judgments and decisions, and his statement that Türkiye considers him a terrorist has therefore been accepted.
Furthermore, the man has stated that he has been subjected to torture by the police in Türkiye. This information is strongly supported by the torture-injury report that has been obtained in the Supreme Court. The conclusion of the report is that the man has psychological and physical symptoms and complaints that in their entirety correspond to the torture to which he states that he has been subjected and that with regard to certain injuries it is unlikely that these have other causes than those he has stated.
In the light of these facts, the Supreme Court has concluded that there is an impediment to extradition under Section 7 of the Extradition Act (risk of persecution) and that extradition would also be incompatible with Article 3 of the European Convention on Human Rights (risk of torture or other inhuman or degrading treatment or punishment).
Case No: B 8069-23
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