FINAL DECISIONS A. Decisions declaring a communication inadmissible Communication No. 310/1988 Submitted by: M.T. (name deleted) Date of communication: 17 February 1988 Alleged victim: The author State party: Spain Declared inadmissible: 11 April 1991 (forty-first session) 2.3 On 26 August 1987, he travelled to Finland and requested political asylum. On 8 October 1987, he was taken into custody by the Finnish security police, in application of the Aliens Act. On 16 December 1987, the Government of Spain, through Interpol, requested the author’s extradition. On 4 March 1988, the Supreme Administrative Court of Finland decided that the author’s detention under the Aliens Act was lawful and on 10 March the Minister of Justice approved his extradition. He was extradited to Spain on 8 March 1988.1 Subject matter: Alleged torture practices inflicted upon the author while in prison Procedural issue: Inadmissibility ratione temporis Substantive issues: Torture—Confession under duress Articles of the Covenant: 7 and 14(1) and (3)(g) Article of the Optional Protocol: 1 1. The author of the communication is a Spanish citizen, born in 1954. At the time of submission he was detained in Finland, awaiting extradition to Spain. He alleges to be a victim of a violation of article 7 of the International Covenant on Civil and Political Rights by the Government of Spain. The Optional Protocol entered into force for Spain on 25 April 1985. The author is represented by counsel. 2.4 On 14 October 1988, the Juzgado Central de Instrucción convicted the author of armed robbery and sentenced him to seven years’ imprisonment. He is currently appealing his conviction to the Supreme Court of Spain and remains on bail. The complaint 3. The author claims that the treatment he was subjected to in the Carabanchel prison in Madrid in March 1984 violated article 7 of the Covenant, and that in spite of the fact that the Optional Protocol only entered into force for Spain on 25 April 1985, the Committee should consider itself competent to consider his claim, since the torture allegedly suffered in 1984 continues to have “immediate effects”, in that he was extradited from Finland allegedly on the basis of his 1984 confession. He also states that he fears that he will again be subjected to torture in Spain. The facts as submitted by the author 2.1 The author, a former political activist, states that he lived in France from 1957 to 1979. From 1974 to 1977, he served a prison sentence for acts of sabotage committed against Spanish property in France. In 1979, he returned to Spain. He acknowledges that he was aware that some of his former friends had formed a political organization, Action Directe, but explains that he never joined the organization. 2.2 On 19 March 1984, the Special Services of the Spanish Guardia Civil arrested the author. He was detained for 10 days, during which time he was allegedly tortured repeatedly by the Guardia Civil and forced to sign a “confession” incriminating himself as a member of a terrorist group. During this period, the author also made statements to the examining magistrate in charge of the case. He was released because of several contradictions in his case. 1 In its Views in communication No. 291/1988, dated 2 April 1990, the Committee found that the author’s inability to challenge his detention under the Finnish Aliens Act during the first week of detention constituted a violation of article 9, paragraph 4, of the Covenant. 7