However, the State party informs the
Committee that the law has been amended and
that since 22 February 2008, to the extent that
the nomination of a “special lawyer” is
authorized to defend the individual in his
absence and in the absence of his own lawyer,
when such information is considered
in camera.
As to the Committee’s point that it is entitled
to freely assess the facts of each case
(para. 10.3), the State party refers to
jurisprudence in which the Committee found
that it would not question the conclusion of
national authorities unless there was a
manifest error, abuse of process, or grave
irregularity etc. (see cases 282/2005 and
193/2001). In this context, it submits that the
delegate’s decision was reviewed in detail by
the Court of Federal Appeal, which itself
reviewed all the original documentation
submitted to support his claims as well as new
documents and found that it could not
conclude that the delegate’s conclusions were
unreasonable.
Complainant’s response
None
Committee’s decision
The Committee considers the follow-up
dialogue ongoing.
State party
FRANCE
Case
Arana, 63/1997
Nationality and country of removal
if applicable
Spanish to Spain
Views adopted on
9 November 1999
Issues and violations found
Complainant’s expulsion to Spain constituted
a violation of article 3.
120
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