Also on 18 January 2001, the French Ministry
of the Interior, stated, inter alia, that it was
prohibited from removing Basque nationals
outside an extradition procedure whereby
there is a warrant for their arrest by the
Spanish authorities.
However, the Ministry continued by stating
that torture and inhuman treatment by Spanish
security forces of Basque nationals accused of
terrorism and the tolerance of such treatment
by the Spanish authorities is corroborated by a
number of sources.
Committee’s decision
Given that the complainant was removed
nearly 10 years ago, no further action should
be taken by the Committee to follow-up on
this case.
Case
Brada, 195/2003
Nationality and country of removal
if applicable
Algerian to Algeria
Views adopted on
17 May 2005
Issues and violations found
Removal - articles 3 and 22
Interim measures granted and State party
response
Granted but not acceded to by the State party.9
Remedy recommended
Measures of compensation for the breach of
article 3 of the Convention and determination,
in consultation with the country (also a State
party to the Convention) to which the
complainant was returned, of his current
whereabouts and state of well-being.
9
“The Committee observes that the State party, in ratifying the Convention and voluntarily
accepting the Committee’s competence under article 22, undertook to cooperate with it in good
faith in applying and giving full effect to the procedure of individual complaint established
thereunder. The State party’s action in expelling the complainant in the face of the Committee’s
request for interim measures nullified the effective exercise of the right to complaint conferred
by article 22, and has rendered the Committee’s final decision on the merits futile and devoid of
object. The Committee thus concludes that in expelling the complainant in the circumstances that
it did the State party breached its obligations under article 22 of the Convention.”
122
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