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.8
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
The Committee will recall that on
8 January 2001, the State party had provided
follow-up information, in which it stated,
inter alia, that since 30 June 2000, a new
administrative procedure allowing for a
suspensive summary judgement suspending a
decision, including deportation decisions, was
instituted. For a full account of its response,
see the annual report of the Committee
(A/61/44).
Complainant’s response
On 6 October 2006, counsel responded that on
17 January 1997, the European Committee on
the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT)
had visited the complainant and stated that
allegations of ill-treatment were credible. He
was convicted by the “Audiencia Nacional”
on 12 June 1998 to 83 years of imprisonment,
having been convicted on the basis of
confessions made under torture and contrary
to extradition regulations. There was no
possibility of appeal from a decision of the
“Audiencia Nacional”.
In addition, he stated that since the
Committee’s decision and numerous protests,
including hunger strikes by Basque nationals
under threat of expulsion from France to
Spain, the French authorities have stopped
handing over such individuals to the Spanish
authorities but return them freely to Spain.
8
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.
121
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