2.5
The complainant was due to be released on 28 October 1999. She says that, fearing
torture by the Spanish security forces and in order to prevent her expulsion to Spain, she began a
hunger strike on 28 September 1999. She states that, as a result of her very poor state of health
following her long hunger strike, she weighed only 39 kg and was therefore taken to the Fresnes
prison hospital.
2.6
At 6 a.m. on 28 October 1999, the day of the complainant’s release, the French police
served her with the expulsion order issued on 31 August 1999 by the Minister of the Interior, as
well as a second decision taken on 27 October 1999 by the Prefect of Val de Marne, specifying
Spain as the country of destination. The complainant was immediately taken in an ambulance by
the French police from Fresnes prison to the Franco-Spanish border post of La Junquera for
expulsion to Spain, and then taken to the Bellvitge hospital in Barcelona.
2.7
The complainant alleges that she was arrested by the Spanish Civil Guard at her home in
Hernani, Gipúzcoa, on 30 March 2001 and that on the following day, while being held in
custody, she was urgently transferred to the San Carlos hospital in Madrid, where she remained
until 7 p.m., because of torture inflicted on her: beatings, la bolsa,a touching and attachment of
electrodes to her body. She adds that she was subjected to 16 hours of questioning and
continuous violence, and held in custody without contact with her lawyer or her family for more
than five days before being brought before a judge.
2.8
The complainant alleges that on the same day, 31 March 2001, in the presence of an
examining magistrate and a court-appointed lawyer, she was obliged to make a statement which
the Civil Guards had forced her to learn by heart, by threatening further torture.
2.9
The complainant points out that on 4 April 2001, before the National High Court, she
refused to enter a plea and complained of the torture she had suffered. An order to imprison her
then arrived, and she was taken to the Soto del Real prison. Following her arrest, she was
accused of participating in several acts of violence.
2.10 As far as the requirement of exhausting domestic remedies in France is concerned, the
complainant states that she was unable to seek an effective remedy in the French courts against
the expulsion order of 31 August 1999 or the decision of 27 October 1999, since they were
served on her on 28 October 1999, the day of her release. She states that she had been cut off
from all contact with her counsel, and that she had been immediately taken to the border post
of La Junquera for expulsion to Spain and was therefore unable to seek an effective remedy
against measures that had already been carried out. However, her counsel did lodge an
appeal a posteriori, which was submitted on 23 December 1999 and received by the court
on 27 December 1999, and is now pending before the administrative court, which has not yet
issued its judgement.
2.11 The complainant states that the same matter has not been submitted under any other
procedure of international investigation or settlement.
The complaint
3.1
According to the complainant, France did not comply with its obligations under the
Convention, since she was expelled to Spain although there were substantial grounds for
believing that she would be in danger of being subjected to torture in Spain. She states, first, that
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