Anti-Terrorist Liberation Groups (GAL) were preparing an attempt on his life; and he had been handed over
by the French police to Civil Guard personnel from the anti-terrorist sections of the Intxaurrondo barracks,
which had been publicly accused, inter alia, of committing acts of torture. Furthermore, during his
interrogation in January 1997 the Civil Guard personnel confirmed to him that they had prepared an
assassination attempt against him while he was living in Bayonne; and he had been portrayed by the Spanish
authorities as an important figure in ETA.
10.2 The author again states that the length and conditions of the police custody are conducive to the
practice of torture and other forms of ill-treatment by the Spanish security forces and that the machinery for
supervision and forensic medical assistance for detainees are seriously inadequate. Inquiries into the
circumstances of torture are very difficult and when, on occasion, they are completed, the procedures are very
long.
10.3 The State party maintains that the author should have asked for political refugee status on the grounds
of the risks to his life and liberty in the event of his return to Spain. However, for political reasons, the French
Government no longer grants such status to Basques applying for it. Furthermore, the protection arising under
article 3 of the Convention concerns "everyone" and not just persons applying for or having the status of
refugee.
10.4 According to the author, the State party is making an erroneous interpretation of the findings of the
European Committee for the Prevention of Torture (CPT). The latter actually stated that "it would be premature
to conclude that the phenomenon of torture and severe ill-treatment had been eradicated" in Spain.g
10.5 The fact that Spain is a party to the Convention and has recognized the competence of the Committee
under article 22 does not, in the present case, constitute a sufficient guarantee of the author's safety.
10.6 Insofar as the violation of article 16 of the Convention is concerned, the State party has not denied that
the author was subjected to ill-treatment during his transfer to the border post. Those acts should have been
the subject of a prompt and impartial investigation by the competent authorities, in accordance with article 12
of the Convention. However, no such investigation was held. The State party does not dispute the fact that
the author was illegally handed over to the Spanish security forces while in a state of extreme weakness, after
35 days of a hunger strike and five days of refusing to take liquids. The fact of handing over a person under
such circumstances for prolonged interrogation in itself constitutes cruel, inhuman and degrading treatment.
In addition, at the time of the deportation, the medical file of the person concerned was transmitted by the
French police to the Spanish Civil Guard officers. Moreover, the medical details contained in this file, and in
particular the fact that the author was suffering from degenerative discopathy, were used during the police
custody to aggravate the author's suffering, notably by forcing him to adopt postures designed to increase his
back pain. The fact of having supplied the medical file also constitutes cruel, inhuman and degrading treatment.
Issues and proceedings before the Committee
11.1 In accordance with rule 110, paragraph 6, of its rules of procedure, the Committee reconsidered the
question of admissibility in the light of the observations made by the State party concerning the Committee's
decision declaring the communication admissible. The Committee notes, however, that the application made
g
Reports to the Spanish Government on the visits which took place from 1 to 12 April 1991, 10 to 22 April 1994 and
10 to 14 June 1994, CPT/Inf (96) 9, paras. 25 and 206.
86
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