CAT/C/29/D/193/2001
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− 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