CAT/C/23/D/63/1997 page 14 11.5 The Committee notes the specific circumstances under which the author’s deportation took place. First, the author had been convicted in France for his links with ETA, had been sought by the Spanish police and had been suspected, according to the press, of holding an important position within that organization. There had also been suspicions, expressed in particular by some non-governmental organizations, that other persons in the same circumstances as the author had been subjected to torture on being returned to Spain and during their incommunicado detention. The deportation was effected under an administrative procedure, which the Administrative Court of Pau had later found to be illegal, entailing a direct handover from police to police,12 without the intervention of a judicial authority and without any possibility for the author to contact his family or his lawyer. That meant that a detainee’s rights had not been respected and had placed the author in a situation where he was particularly vulnerable to possible abuse. The Committee recognizes the need for close cooperation between States in the fight against crime and for effective measures to be agreed upon for that purpose. It believes, however, that such measures must fully respect the rights and fundamental freedoms of the individuals concerned. 12. In the light of the foregoing, the Committee is of the view that the author’s expulsion to Spain, in the circumstances in which it took place, constitutes a violation by the State party of article 3 of the Convention. 13. Pursuant to rule 111, paragraph 5, of its rules of procedure, the Committee would wish to receive, within 90 days, information on any measure taken by the State party in accordance with these Views. [Done in English, French, Russian and Spanish, the French text being the original version.] Notes 1 This form of torture consists in covering the head with a plastic bag to cause asphyxia. 2 A copy of the medical report is attached to the communication. 3 As of the time of adoption of these Views the CPT report on this visit had not been published. 4 This article states that “an application for interim relief is made by way of summons to a hearing held on the customary day and at the customary time for such proceedings. If greater speed is required, however, the interim relief judge may allow a summons to be given effect at the time indicated, even on public holidays or non-working days, either in chambers or at his place of residence, in an open hearing”. 5 This article states that “in all cases of infringement of the freedom of the individual, the dispute cannot be taken up by the administrative authority and the judicial courts always have exclusive jurisdiction”. 6 See paras. 5.2 and 5.3.