CAT/C/30/D/219/2002 page 11 6.11 At the same time, the Committee notes that, for the prohibition in article 15 to apply, it is required that the statement invoked as evidence “is established to have been made as a result of torture”. As the complainant herself stated, criminal proceedings initiated by Felipe San Epifanio against his alleged torturers were discontinued by the Spanish authorities. Considering that it is for the complainant to demonstrate that her allegations are well-founded, the Committee concludes that, on the basis of the facts before it, it has not been established that the statement of Mr. San Epifanio, made before Spanish police on 28 April 1994, was obtained by torture. 6.12 The Committee reiterates that it is for the courts of the States parties to the Convention, and not for the Committee, to evaluate the facts and evidence in a particular case, unless it can be ascertained that the manner in which such facts and evidence were evaluated was clearly arbitrary or amounted to a denial of justice. The Committee considers that the State party’s decision to grant the Spanish extradition request does not disclose a violation by the State party of article 15 of the Convention. 7. Consequently, the Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the extradition of the complainant to Spain did not constitute a breach of either article 3 or 15 of the Convention. [Adopted in English, French and Spanish, the English text being the original version. Subsequently to be issued also in Arabic, Chinese and Russian as part of the Committee’s annual report to the General Assembly.] Notes 1 Apparently, the apartment was rented but not inhabited by Mr. Ramos Vega. 2 Translation by the Secretariat. 3 Pursuant to article 9 of the European Convention on Extradition to which Germany, Switzerland and Spain are parties, “[e]xtradition may be refused if the competent authorities of the requested party have decided either not to institute or to terminate proceedings in respect of the same offence or offences”. 4 See article 3 (1) of the European Convention on Extradition. 5 See also ibid., article 12 (2) (b). 6 Cf. article 9 of the European Convention on Extradition. 7 In that regard, the Federal Tribunal argues that, according to the complainant herself, the criminal proceedings initiated by Mr. San Epifanio against the police had been closed by the Spanish authorities.