4.5 Almost eight months later, on 31 August 1994, the application for asylum was denied in view of the lack of documentation supporting X’s case. On 3 October 1994, X was notified that he must leave Spanish territory within 15 days. When he failed to comply with the departure order, permission to expel him was sought from Criminal Court No. 2 in Melilla, which granted permission on 27 October 1994; the expulsion was carried out on 24 November 1994 in accordance with an order from the General Directorate of State Security endorsed by the competent court, and X was put on a plane to Algeria. 5.1 Regarding the admissibility of the communication, the State party maintains that throughout his time in Spain X adduced no "substantial grounds for believing that he would be in danger of being subjected to torture" if he was expelled. 5.2 The State party also challenges the authority of CEAR to represent X before the Committee, inasmuch as the certificate presented only covers representation of X in administrative matters in Spain and does not give CEAR blanket authority to submit a communication under article 22 of the Convention. Observations by counsel for the author 6.1 In his observations dated 11 September and 9 November 1995, counsel for CEAR confirms his authority to act on behalf of X, who is said to have contacted CEAR on 16 December 1993 and been advised by lawyers Arias Herrera and Pellicer Rodríguez. Counsel for CEAR confirms his authorization to represent X and sends a copy of a certificate dated 14 November 1994. 6.2 On the facts, CEAR repeats that X fears persecution in his home country because he is a member of FIS. Issues and proceedings before the Committee 7.1 Before considering any of the allegations in a communication, the Committee against Torture must decide whether or not the communication is admissible under article 22 of the Convention. 7.2 Although the accompanying mandate does not specifically mention application to the Committee, in this case the explanations provided by CEAR for its representation of X are accepted. 7.3 The Committee has examined the representations made by CEAR to the Spanish authorities regarding the asylum proceedings and to the Committee under article 22 of the Convention. It points out that its authority does not extend to a determination of whether or not the claimant is entitled to asylum under the national laws of a country, or can invoke the protection of the Geneva Convention relating to the Status of Refugees. Under article 3 of the Convention, the Committee must decide whether expulsion or extradition might expose an individual to the risk of being tortured. 7.4 The Committee notes that throughout a year of proceedings in Spain, X’s representatives based their arguments solely on asylum and did not invoke the right protected by article 3 of the Convention. Nor did they present the Committee with serious grounds for believing that X risked being tortured if he was expelled to Algeria. It is not alleged that X was detained or tortured in Algeria before leaving for Morocco and Spain; it is not indicated precisely what he did in FIS to justify his fear of being tortured. a/ On the contrary, X said in his first statement to the Melilla authorities, with a lawyer and interpreter -57-