Case
Date of
adoption
Nationality of
complainant
and country of
removal if
applicable
Article of
Covenant
violated
Interim
measures
granted and
State party’s
response
Remedy
No. 60/1996
M’Barek v.
Tunisia
(cont’d)
No. 63/1997
Arana v.
France
5 June
2000
Spanish to
Spain
Complainant’s
expulsion to
Spain
constituted a
violation of
article 3
Requested
not acceded
to by the
State party,
which claimed
to have
received
Committee’s
request after
the expulsion
of the
complainant.3
Measures to be taken
Follow-up
session the Committee
considered that the Rapporteur
should arrange to meet with a
representative of the
State party.
On 8 January 2001, the
State party provided follow-up
information, in which it stated
that, although the
Administrative Court of Pau
had found the informal
decision to directly hand over
the complainant from the
French to the Spanish police
to be unlawful, the decision to
deport him was lawful. The
State party added that the
ruling, which was currently
being appealed, was not
typical of the jurisprudence on
the subject.
It also submitted that since
30 June 2000, a new
administrative procedure
allowing for a summary
judgement suspending a
decision, including a
deportation decision, had been
instituted. The conditions that
need to be proven to exist for
Further action
61
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