Issues and violations found Complainant’s expulsion to Spain constituted a violation of article 3. Interim measures granted and State party response Request not acceded to by the State party who claimed to have received the Committee’s request after expulsion.8 Remedy recommended Measures to be taken Due date for State party response 5 March 2000 Date of reply Latest reply on 1 September 2005 State party response The Committee will recall that on 8 January 2001, the State party had provided follow-up information, in which it stated, inter alia, that since 30 June 2000, a new administrative procedure allowing for a suspensive summary judgement suspending a decision, including deportation decisions, was instituted. For a full account of its response see the annual report of the Committee (A/61/44). Complainant’s response On 6 October 2006, counsel responded that on 17 January 1997, the European Committee on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) had visited the complainant and stated that allegations of ill-treatment were credible. He was convicted by the “Audiencia Nacional” on 12 June 1998 to 83 years of imprisonment, having been convicted on the basis of confessions made under torture and contrary to extradition regulations. There was no possibility of appeal from a decision of the “Audiencia Nacional”. In addition, he stated that since the Committee’s decision and numerous protests, including hunger strikes by Basque nationals under threat of expulsion from France to Spain, the French authorities have stopped handing over such individuals to the Spanish authorities but return them freely to Spain. Also on 18 January 2001, 8 No comment was made in the decision itself. The question was raised by the Committee with the State party during the consideration of the State party’s third periodic report at the thirty-fifth session. 108

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents