CAT/C/34/D/194/2001 page 6 does not apply. She adds that the application of domestic remedies is unreasonably prolonged, whereas judicial decisions are enforced immediately after the person concerned is notified of them. 5.4 The complainant points out in that regard that her complaint displays great similarities with the Arana case. 3 In this case too, domestic remedies cannot be regarded as effective and available since such remedies cannot give satisfaction to an individual who is the victim of a violation of article 3 of the Convention, as they cannot prevent the expulsion of the person concerned to a country where he or she faces the risk of torture. Hence she was unable to seek an effective remedy before the French courts against measures which had already been enforced or to apply to the judge of an administrative court for a stay of execution or for suspension. 5.5 Lastly, the complainant maintains that in her case the rule of the exhaustion of domestic remedies does not apply since the application of domestic remedies is unreasonably prolonged, whereas judicial decisions are enforced immediately after the person concerned is notified of them. The Committee’s decision on admissibility 6.1 At its twenty-ninth session the Committee considered the question of the admissibility of the complaint and ascertained that the same matter had not been and was not being examined under another procedure of international investigation or settlement. Concerning the question of whether domestic remedies had been exhausted, the Committee noted that it had been impossible for the complainant to seek an effective remedy against the expulsion order and the decision specifying Spain as the country of destination, as there had been no time to act between the serving of the orders and the enforcement of the expulsion. The Committee considered that in the present case, the criterion followed in the Arkauz Arana case 4 applied, since an appeal against the ministerial deportation order issued in respect of the complainant on 31 August 1999 but served on the very day of her expulsion, at the same time as the order indicating the country of destination, would not have been effective or even possible, since the deportation measure was enforced immediately following notification thereof, leaving the person concerned no time to seek a remedy. The Committee therefore found that article 22, paragraph 5 (b), did not preclude it from declaring the communication admissible. 6.2 Accordingly, the Committee against Torture decided on 20 November 2002 that the communication was admissible. State party’s observations on the merits 7.1 The State party, in its observations of 22 October 2003, notes that in accordance with the decision on admissibility in the Arana case, 5 the issue before the Committee in the present case is not whether the complainant was actually subjected to acts in breach of article 3 in March 2001 but whether, on the date of the enforcement of the removal measure, the French authorities could have considered that she would face real risks in the event of her return to Spain. But it was not possible to reach that conclusion on the basis of examination of her situation.