Decisions

UN Committee against Torture November 14, 2025 CAT/C/83/D/1121/2022

Disposition The Committee decided “That the communication is inadmissible under article 22 (5) (b) of the Convention”, having found that “the complainant had an available and effective remedy that he failed to exhaust” (paragraphs 7.6 and 8).

The Federal Office for Migration and Refugees rejected his asylum application on 22 November 2019, and the Augsburg Administrative Court dismissed his appeal on 28 April 2020 (paragraphs 2.3 and 2.5). His second application, based on documents from the Turkish police investigation file, was rejected on 10 March 2021, and the Augsburg court upheld that decision on 20 May 2021 (paragraphs 2.6, 2.7 and 2.10). He did not seek leave to appeal to the Higher Administrative Court of Bavaria, citing a lack of money and that court’s rejection of his earlier appeal (paragraph 2.15). On 11 February 2022 the Committee asked Germany “not to deport the complainant to Türkiye while the communication was being considered by the Committee”, and on 29 May 2025 it “denied a request by the State Party to lift the interim measures” (paragraphs 1.2 and 1.3). It then held that a request for leave to appeal “would have allowed the Higher Administrative Court of Bavaria to examine this new evidence”, that he had not produced “any proof of lack of financial resources or of an attempt to have sought legal aid”, and that “the mere fact of doubting the effectiveness of a remedy does not absolve the complainant from the obligation to exhaust” (paragraphs 7.4 and 7.5).

Convention Against Torture Non-refoulement Deportation Interim measures Exhaustion of remedies

Caution The Committee did not decide whether deportation to Türkiye would expose him to torture. The decision does not record whether he has since been deported, and the Coalition has not read a source that does.

UN Committee against Torture November 1, 2024 CAT/C/81/D/1138/2022

Disposition “At its meeting on 1 November 2024, the Committee, having been informed by the complainants’ counsel that they had been granted refugee status and residence permits, decided to discontinue the consideration of communication No. 1138/2022.”

The complaint was submitted against Germany on 3 June 2022 by counsel for five complainants and concerned their deportation to Türkiye. On 1 November 2024 counsel informed the Committee that they had been granted refugee status and residence permits, and the Committee discontinued its consideration of the communication.

Convention Against Torture Non-refoulement Deportation Discontinuance

Caution The Committee decided nothing on the merits. The decision is a single paragraph and gives no facts about the complainants or about any interim measures. The Coalition’s page on Germany cites it among the cases in which the protection mechanisms worked.