CAT/C/41/D/323/2007 page 4 2.6 The 23 alleged victims, who refused to sign voluntary repatriation agreements, remained in detention under Spanish control in Nouadhibou in a former fish-processing plant. The complainant states that the vessel on which the immigrants were detained lacked sufficient light and ventilation and that the detainees were not allowed out. He added that although the vessel was large, the detainees were obliged to remain confined in a restricted area and to sleep on the ground, on plastic and blankets. He reports that access to toilet and shower facilities was subject to the authorization of the guards supervising the detainees, and that the latter were occasionally forced to urinate in bottles. 2.7 On 4 April 2007, the complainant submitted a complaint to the Office of the Attorney General, which was deemed inadmissible. 2.8 On 6 April, the alleged victims began a hunger strike in protest against their situation; they ended the strike three days later, after allegedly reaching an agreement with the Spanish authorities, which had offered them three options: remaining in the detention centre indefinitely, repatriation or transfer to one of the following third countries: Morocco, Senegal, Mali, Egypt or South Africa. The complainant states that the detainees exercised the third option. 2.9 At the time the complaint was submitted, three months after they had left the Marine I, the alleged victims were still being detained in the place and conditions described. The complainant states that although the alleged victims were detained in Mauritania, they were effectively under Spanish control. He alleges that Spain assumed responsibility for them by rescuing them in international waters and was in charge of their supervision during the entire period of their detention in Nouadhibou. 2.10 The complainant argues that the alleged victims were unable to submit a complaint to the Committee themselves because they were detained in Mauritania, ostensibly without access to a lawyer and with no possibility of contacting their families. He notes that most of them have a low cultural level and therefore do not know their rights. The complaint 3.1 The complainant alleges that Spain has violated article 1, paragraph 1, articles 3, 11, 12 and 13, article 14, paragraph 1, and article 16, paragraph 1, of the Convention. 3.2 He argues that the treatment of the alleged victims amounts to torture as defined in article 1. 3.3 He alleges a violation of article 3 because, if returned to India, the alleged victims would be subjected to torture or cruel, inhuman and degrading treatment, taking into account the conflict in Kashmir and the persecution they would allegedly face as a result of this conflict. The State party’s observations on admissibility 4.1 In its note verbale dated 21 August 2007 the State party argues that the complaint is inadmissible because the complainant is not competent to represent the alleged victims. The State party points out that, as he himself acknowledges, the complainant has not been empowered to act on anyone’s behalf before the Committee.