without the intervention of a judicial authority and without any possibility for the author to contact his family or his lawyer. That meant that a detainee's rights had not been respected and had placed the author in a situation where he was particularly vulnerable to possible abuse. The Committee recognizes the need for close cooperation between States in the fight against crime and for effective measures to be agreed upon for that purpose. It believes, however, that such measures must fully respect the rights and fundamental freedoms of the individuals concerned. 12. In the light of the foregoing, the Committee is of the view that the author's expulsion to Spain, in the circumstances in which it took place, constitutes a violation by the State party of article 3 of the Convention. 13. Pursuant to rule 111, paragraph 5, of its rules of procedure, the Committee would wish to receive, within 90 days, information on any measure taken by the State party in accordance with these views. [Done in English, French, Russian and Spanish, the French text being the original version.] 3. Communication No. 96/1997 Submitted by: A.D. (name withheld) [represented by counsel] Alleged victim: The author State party: The Netherlands Date of communication: 7 November 1997 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 12 November 1999, Having concluded its consideration of communication No. 96/1997, submitted to the Committee against Torture under article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Having taken into account all information made available to it by the author of the communication, his counsel and the State party, Adopts its views under article 22, paragraph 7, of the Convention. 1.1 The author of the communication is A.D., a Sri Lankan national of Sinhalese origin at present residing in the Netherlands, where he has asked for asylum. His asylum request has been rejected and he is at risk of deportation. He claims that his return to Sri Lanka would violate the Netherlands' obligations under article 3 of the Convention. He is represented by counsel. 88