CCPR/C/123/D/2831/2016
2.10 A few days before the author’s extradition,1 a group of 15 or so hooded men entered
his cell in Aranjuez prison in Madrid in the middle of the night, dragged him to a storeroom
and beat him until another prisoner raised the alarm. He was then taken to another cell with
only a bare mattress and left alone until the following morning. The next day, the author
informed the chief of security of the prison about the incident. The chief of security
informed him that the intervention had taken place “on orders from outside”.
2.11
On 13 June 2008, the author was transferred to the United States on a special flight.
2.12 On 20 November 2008, the author was sentenced to 30 years in prison by the United
States District Court for the Southern District of New York. This sentence was upheld by
the Court of Appeals of the Southern District of New York for the Second Circuit on 21
September 2011 and by the United States Supreme Court on 14 May 2012. An appeal
challenging the legality of the sentence was rejected on 14 July 2014. A petition filed on 24
May 2013 requesting a procedural review for violation of the right to a defence and the
illegality of the extradition, given the absence of an extradition order, was rejected on 9
March 2015 by the Court of Appeals of the Southern District of New York.
2.13 The author is being held in a special wing, known as the Communications
Management Unit, of Terre Haute prison in Indiana, United States. According to the author,
the prison is dubbed “Guantánamo North”.
2.14 On 20 December 2010, the author sent a letter to one of the judges of the National
High Court of Spain, in which he claimed to have been subjected to acts of violence in
early June 2008. In response, his lawyer was informed of the authority competent to hear
such claims. On 8 March 2011, the author sent a letter to the judge responsible for handling
cases of prison violence. The judge in question did not take any action.
2.15 The author requested a copy of the extradition request from the Clerk of the United
States District Court for the Southern District of New York. The Clerk informed the author
on 28 July 2014 and 18 May 2016 that his case file did not contain the document in
question.
2.16 On 1 June 2016, the author submitted an implementation impact assessment to the
Criminal Division of the National High Court of Spain, arguing that he had been sentenced
to 30 years in prison and that, given his age, the imposition of such a sentence was at
variance with the diplomatic assurances provided by the United States when the extradition
request was being processed.2
The complaint
3.1
The author explains that the period of time that has elapsed between his extradition
and the submission of the communication is attributable to his transfer to the United States
and his placement in solitary confinement in the special prison wing known as the
Communications Management Unit, a regime that imposes extreme restrictions on
communications. In addition, it has taken several years, until 2014, to obtain the relevant
documents.
3.2
He claims a violation by Spain of articles 2 (1) and (3), 7, 9 (1) and (5), 10 (1), 14
(1), 15 (1) and 26 of the Covenant.
3.3
The author asserts that he was never notified of the decision of the Council of
Ministers of 6 June 2008 and that no appeal may be made against such a decision. He
therefore considers that these acts constitute a violation of his rights under article 2 (3) of
the Covenant.
3.4
The author claims that he was subjected to acts of torture during his detention in
Spain, a few days before his extradition, and that the State party has not followed up on his
complaints. He considers that this failure to act constitutes a violation of his rights under
article 7, read in conjunction with articles 2 (3), 9 (1) and 10 (1) of the Covenant.
1
2
GE.18-13666
The author does not know the exact date.
The author does not provide information on the outcome of the implementation impact assessment.
3