Issues and violations found
Complainant’s expulsion to Spain constituted a
violation of article 3.
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. Also on 18 January 2001,
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.
108
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