Interim measures granted and State party
response
Request not acceded to by the State party who
claimed to have received the Committee’s request
after expulsion.4
Remedy recommended
Measures to be taken
Due date for State party response
5 March 2000
Date of reply
Latest reply on 1 September 2005
State party response
On 8 January 2001, the State party had 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 adds that this ruling, which
is currently being appealed, is not typical of the
jurisprudence on the subject.
It also submits that since 30 June 2000, a new
administrative procedure allowing for a suspensive
summary judgement suspending a decision,
including deportation decisions, has been instituted.
The conditions that need to be proven for a
suspension of such a decision are more flexible than
the previous conditions, and are proof that the
urgency of the situation justifies such a suspension
and that there is a serious doubt on the legality of the
decision. Thus, there is no longer any necessity to
prove that the consequences of the decision would
be difficult to repair.
On 1 September 2005, and pursuant to the
Committee’s request of 7 June 2005 on follow-up
measures taken, the State party reiterates the
information previously provided on the changes in
the law since 30 June 2000, and informs the
Committee that in a decision of 23 July 2002, the
Administrative Court of Bordeaux overturned the
decision of the Administrative Tribunal of Pau of
4 February 1999.
4
No comment was made in the decision itself. The question was raised by the Committee
with the State party during the consideration of the State party’s third periodic report at the
thirty-fifth session.
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