CAT/C/41/D/323/2007 page 8 general comment No. 2, in which it states that the jurisdiction of a State party refers to any territory in which it exercises, directly or indirectly, in whole or in part, de jure or de facto effective control, in accordance with international law.3 In particular, it considers that such jurisdiction must also include situations where a State party exercises, directly or indirectly, de facto or de jure control over persons in detention. This interpretation of the concept of jurisdiction is applicable in respect not only of article 2, but of all provisions of the Convention, including article 22. In the present case, the Committee observes that the State party maintained control over the persons on board the Marine I from the time the vessel was rescued and throughout the identification and repatriation process that took place at Nouadhibou. In particular, the State party exercised, by virtue of a diplomatic agreement concluded with Mauritania, constant de facto control over the alleged victims during their detention in Nouadhibou. Consequently, the Committee considers that the alleged victims are subject to Spanish jurisdiction insofar as the complaint that forms the subject of the present communication is concerned.4 8.3 The Committee takes note of the State party’s contention that the complainant is not competent to represent the alleged victims because they did not authorize him to do so. The complainant has affirmed that the alleged victims could not themselves submit a complaint to the Committee on account of their conditions of detention in Mauritania. The Committee would point out that, in accordance with subparagraph (a) of rule 107 of its rules of procedure, the individual designated to submit a complaint under article 22 of the Convention is the victim himself/herself, his/her relatives or designated representatives or others on his or her behalf when it appears that the victim is unable personally to submit the complaint, and when appropriate authorization is submitted to the Committee. In the present case, the alleged victims should have expressly authorized the complainant to approach the Committee on their behalf, unless it was impossible for them to do so, given their situation.5 The Committee observes that during their detention in Nouadhibou the alleged victims were interviewed by representatives of UNHCR, IOM and the non-governmental organization Médecins du Monde. It likewise observes that, with the authorization of the alleged victims, the Spanish Commission for Refugee Assistance applied for a remedy at the domestic level relating to the same events. Thus, the information before the Committee does not permit the Committee to conclude that it would not have been possible at any time to reach the alleged victims in order to obtain their consent to be represented before the Committee, particularly when application for a domestic remedy had already been made in connection with their situation. Nor can it be concluded that alleging a lack of financial resources 3 General comment No. 2 (2007), CAT/C/GC/2/CRP.1/Rev.4, para. 16. 4 See the Committee’s decision in Guengueng et al. v. Senegal, communication No. 181/2001, adopted on 17 May 2006, para. 9.3. 5 See the decisions of the Human Rights Committee on admissibility in E.H.P. v. Canada (communication No. 67/1980), adopted on 27 October 1982, para. 8 (a); and X v. Serbia (communication No. 1355/2004), adopted on 26 March 2007, para. 6.3; and its Views in Sultanova v. Uzbekistan (communication No. 915/2000), adopted on 30 March 2006, para. 6.2; Abbassi v. Algeria (communication No. 1172/2003), adopted on 28 March 2007, para. 7.3; and Benhadj v. Algeria (communication No. 1173/2003), adopted on 20 July 2007, para. 7.3.

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