Decisions

H.D. v. Germany

UN Committee against Torture · November 14, 2025

Court UN Committee against Torture
Decided November 14, 2025
Docket Communication No. 1121/2022
Citation CAT/C/83/D/1121/2022
Judge Committee against Torture, eighty-third session (10 to 28 November 2025).
Outcome Dismissed
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).
Nationality National of Türkiye, born in 1975. He taught in state schools from 1996 to 2016 and “was dismissed on 1 September 2016 under Decree-Law No. 672, enacted under the state of emergency declared after the failed coup attempt, and was subsequently subjected to criminal proceedings” (paragraphs 1.1 and 2.1). He entered Germany on 7 December 2018 and applied for asylum on 2 January 2019 (paragraph 2.3).

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).

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.

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

The court's own text

Read in full in the English text from the OHCHR treaty body database on 8 November 2026.

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