CAT/C/29/D/193/2001 page 9 3.5.5 The observations made by the Committee against Torture on 9 November 1999 in connection with communication No. 63/1997 submitted by Josu Arkauz Arana against France should also be borne in mind. In this decision, which was made public on 1 December 1999, the Committee noted in particular [D]uring the consideration of the third periodic report submitted by Spain under article 19 of the Convention, it had expressed its concern regarding the complaints of acts of torture and ill-treatment which it frequently received. It also noted that, notwithstanding the legal guarantees as to the conditions under which it could be imposed, there were cases of prolonged detention incommunicado, when the detainee could not receive the assistance of a lawyer of his choice (emphasis added), which seemed to facilitate the practice of torture. Most of the complaints received concerned torture inflicted during such periods. Similar concerns had already been expressed during the consideration of the second periodic report by the Committee, as well as in the concluding observations of the Human Rights Committee regarding the fourth periodic report submitted by Spain under article 40 of the International Covenant on Civil and Political Rights. Furthermore, the European Committee for the Prevention of Torture (CPT) also reported complaints of torture or ill-treatment received during its visits to Spain in 1991 and 1994, in particular from persons detained for terrorist activities. The CPT concluded that it would be premature to affirm that torture and severe ill-treatment had been eradicated in Spain. 3.5.6 After considering the fourth periodic report submitted by Spain, the Human Rights Committee emphasized, in its observations dated 3 April 1996: […] 12. The Committee expresses concern at the maintenance on a continuous basis of special legislation under which persons suspected of belonging to or collaborating with armed groups may be detained incommunicado for up to five days, may not have a lawyer of their own choosing and are judged by the Audiencia Nacional without possibility of appeal. The Committee emphasizes that these provisions are not in conformity with articles 9 and 14 of the Covenant. […] E. Suggestions and recommendations […] 18. The Committee recommends that the legislative provisions, which state that persons accused of acts of terrorism or suspected of collaborating with such persons may not choose their lawyer, should be rescinded. It urges the State party to abandon the use of incommunicado detention and invites it to reduce the duration of pre-trial detention and to stop using duration of the applicable penalty as a criterion for determining the maximum duration of pre-trial detention. 3.5.7 Similarly, the European Committee for the Prevention of Torture (CPT) considers that there are serious inadequacies in protection against torture and other severe ill-treatment of persons held in custody by the Spanish security forces as a part of anti-ETA operations. In that regard, the Committee places particular emphasis on recognition of three rights denied by the Spanish authorities to persons held by the security forces: