4.4
The State party also notes that the Act of 30 June 2000, which entered into force
on 1 January 2001, enhanced the powers of interim relief judges by providing, in particular, for
the stay of measures infringing on a fundamental freedom, the judge being required to rule
within 48 hours from the lodging of the application.
The complainant’s comments on the State party’s observations
5.1
In her comments on the State party’s reply, the complainant recalls that with regard to
domestic remedies, it was only at 6 a.m. on 28 October 1999 that the authorities notified her of
the content of the expulsion order issued on 31 August 1999 by the Minister of the Interior. The
French authorities appear to have deliberately kept her in ignorance of the expulsion order issued
against her two months previously. At the same time, the police notified her of the decision
taken by the Prefect of Val de Marne to specify Spain as the country of destination.
5.2
The complainant adds that she had been held in Fresnes prison, cut off from any contact
with her family and her counsel, and was absolutely unable to warn them of her imminent
expulsion. She was thus materially prevented by the French authorities from lodging an appeal
against the expulsion order and the Prefect’s decision. Similarly, it was materially impossible
for her, at 6 a.m., to apply to an administrative court for a stay of execution or the temporary
suspension of these two decisions. In addition, in that regard, the Government of France refers
to the Act of 30 June 2000, which was not in force at the time of the events.
5.3
The complainant states that domestic remedies cannot be considered to be effective and
available, and that such remedies cannot give satisfaction to an individual who is a victim of a
violation of article 3 of the Convention, since they cannot prevent the expulsion of the person
concerned to a country where he or she faces a risk of torture. The complainant notes that, under
article 22, paragraph 5 (b), of the Convention, the rule of the exhaustion of domestic remedies
does not apply. She adds that the application of domestic remedies is unreasonably prolonged,
whereas judicial decisions are enforced immediately after the person concerned is notified of
them.
5.4
The complainant points out in that regard that her complaint displays great similarities
with the Arana case. In this case too, domestic remedies cannot be regarded as effective and
available since such remedies cannot give satisfaction to an individual who is the victim of a
violation of article 3 of the Convention, as they cannot prevent the expulsion of the person
concerned to a country where he or she faces the risk of torture. Hence, she was unable to seek
an effective remedy before the French courts against measures which had already been enforced,
or to apply to the judge of an administrative court for a stay of execution or for suspension.
5.5
Lastly, the complainant maintains that in her case the rule of the exhaustion of domestic
remedies does not apply since the application of domestic remedies is unreasonably prolonged,
whereas judicial decisions are enforced immediately after the person concerned is notified of
them.
The Committee’s decision on admissibility
6.1
At its twenty-ninth session the Committee considered the question of the admissibility of
the complaint and ascertained that the same matter had not been and was not being examined
under another procedure of international investigation or settlement. Concerning the question of
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