CAT/C/23/D/63/1997 page 12 9.7 As to the claim of a violation of article 16 of the Convention, the State party submits that the author cannot effectively invoke the provisions set forth in that article, which are inapplicable because the territory in which the violations of article 3 of the Convention were allegedly committed is not under the jurisdiction of the French State. Comments by the author 10.1 The author reiterates that there were substantial grounds for believing that he would be in personal danger of being subjected to torture if he was deported to Spain. The existence of such a danger was confirmed by the following facts: the author and his family had been the targets of threats and harassment; the Anti-Terrorist Liberation Groups (GAL) were preparing an attempt on his life; and he had been handed over by the French police to Civil Guard personnel from the anti-terrorist sections of the Intxaurrondo barracks, which had been publicly accused, inter alia, of committing acts of torture. Furthermore, during his interrogation in January 1997 the Civil Guard personnel confirmed to him that they had prepared an assassination attempt against him while he was living in Bayonne; and he had been portrayed by the Spanish authorities as an important figure in ETA. 10.2 The author again states that the length and conditions of the police custody are conducive to the practice of torture and other forms of ill-treatment by the Spanish security forces and that the machinery for supervision and forensic medical assistance for detainees are seriously inadequate. Inquiries into the circumstances of torture are very difficult and when, on occasion, they are completed, the procedures are very long. 10.3 The State party maintains that the author should have asked for political refugee status on the grounds of the risks to his life and liberty in the event of his return to Spain. However, for political reasons, the French Government no longer grants such status to Basques applying for it. Furthermore, the protection arising under article 3 of the Convention concerns “everyone” and not just persons applying for or having the status of refugee. 10.4 According to the author, the State party is making an erroneous interpretation of the findings of the European Committee for the Prevention of Torture (CPT). The latter actually stated that “it would be premature to conclude that the phenomenon of torture and severe ill-treatment had been eradicated” in Spain.7 10.5 The fact that Spain is a party to the Convention and has recognized the competence of the Committee under article 22 does not, in the present case, constitute a sufficient guarantee of the author’s safety. 10.6 Insofar as the violation of article 16 of the Convention is concerned, the State party has not denied that the author was subjected to ill-treatment during his transfer to the border post. Those acts should have been the subject of a prompt and impartial investigation by the competent authorities, in accordance with article 12 of the Convention. However, no such investigation was held. The State party does not dispute the fact that the author was illegally handed over to the Spanish security forces while in a state of extreme weakness, after 35 days of a hunger strike and five days of refusing to take liquids. The fact of handing over a person under such circumstances for prolonged interrogation in itself constitutes cruel, inhuman and degrading