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
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