CAT/C/29/D/193/2001 page 10 − The right of the person concerned to inform a close relative or another third party of his or her situation; − The right of access to a lawyer of one’s choice; − The right to be examined by a doctor of one’s choice. In the view of CPT, these rights constitute three fundamental safeguards against ill-treatment that should apply from the outset of custody (that is, as soon as the security forces deprive the person concerned of his or her freedom of movement). 3.5.8 According to the complainant, the statement at issue is the essential element of the charge against her. It is clear from a study of the proceedings that the sole item of evidence produced by the Spanish authorities in requesting the extradition of the complainant for the third time is based on the statements made by Mr. Azurmendi on 23 and 24 March 1998 while being held in custody by the Civil Guard. It was on the basis of these statements obtained as a result of torture that the indictment division of the Paris Court of Appeal ruled in favour of extradition on 21 June 2000 and the French Government issued an extradition decree on 29 September 2000. 3.5.9 According to the complainant, the French authorities and courts failed to assemble and examine, in an objective, fair and thorough manner, all the elements needed to establish that the statement at issue was obtained unlawfully. It is clear that the complaint concerning torture made by Mr. Azurmendi on 25 March 1998 when he appeared before the examining magistrate was ignored by the French courts and authorities. Similarly, the medical evidence establishing beyond a doubt that the statements made by Mr. Azurmendi while in custody were obtained as a result of torture were systematically ignored by the French authorities and courts. Moreover, the French courts systematically refused to approach the Spanish authorities in order to obtain any additional information that might have confirmed that the statements in question had not been obtained as a result of torture. 3.5.10 According to the complainant, Mr. Azurmendi’s statements were not declared to be absolutely null by the French authorities and courts. Although it has been established that Mr. Azurmendi’s statements were obtained as a result of torture, these statements form the basis of the 21 June 2000 ruling handed down by the indictment division of the Paris Court of Appeal in favour of the Spanish authorities’ third request for extradition, and the extradition decree issued by the French Government on 29 September 2000. Yet under article 15 of the Convention against Torture, these unlawfully obtained declarations should have been declared absolutely null. 3.5.11 Lastly, it is also necessary in extradition proceedings to determine whether torture is practised in the requesting State, and whether statements obtained as a result of torture are customarily accepted by the courts of the requesting State. 3.5.12 According to the complainant, it has been established that the infliction of torture and ill-treatment by the Spanish security forces is an “administrative practice” incompatible with the Convention against Torture, since it involves the repetition of acts that are contrary to article 1 of

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