ANNEX V Decisions of the Committee under article 22 of the Convention A. Fifteenth session Communication No. 23/1995 Submitted by: Comisión Española de Ayuda al Refugiado Alleged victim: X (Name deleted) State party: Spain Date of communication: 20 January 1995 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Meeting on 15 November 1995, Adopts the following: Decision on admissibility 1. The author of the communication is the Spanish Refugee Aid Commission [Comisión Española de Ayuda al Refugiado (CEAR)] on behalf of X, an Algerian citizen born on 20 February 1958. It is alleged that he suffered a violation of article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by Spain in being deported to Algeria on 24 November 1994. The facts as submitted by the author 2.1 On 15 November 1993, X entered Spanish territory through the town of Melilla, travelling on a false French passport. He was detained by the police and stated that he wished to travel to Germany. On 16 December 1993 he was brought before a court on a charge of falsification of documents and was provisionally released. 2.2 On 11 January 1994, X applied for asylum, stating that he was a member of the outlawed Front Islamique du Salut (FIS) in Sidi Bel-Abbes, that security forces had come to his house to look for him, and that he feared being sentenced to death if detained. 2.3 On 3 October 1994, X’s request for recognition as a refugee was rejected by the Minister of Justice and he was ordered to leave the country within 15 days. On 13 October 1994, X applied to the Audiencia Nacional for a review of the decision and suspension of the expulsion order. On 9 November 1994, X addressed a letter to the Minister of Justice asking, if his presence in Spain was to be found undesirable, to be sent to a third country. 2.4 On the night of 22 to 23 November 1994, X was arrested by the police at his residence and at 11 a.m. on 23 November 1994 he was put on board an aircraft -55-