bound for Malaga and Madrid, whence he would be expelled to Algeria. CEAR states that, despite numerous attempts, it has been unable to obtain information on X’s whereabouts since 23 November 1994. 2.5 CEAR states that the question has not been submitted to any other procedure of international investigation or settlement, and that X has exhausted all available remedies. The complaint 3. CEAR claims that the Spanish authorities have violated article 3 of the Convention by sending X back to Algeria even though he was an FIS member. It is said that the Spanish authorities did not take into account the existence in Algeria of a consistent pattern of gross, flagrant or mass violations of human rights. Reference is made to news reports of continuing human rights violations in Algeria. Submissions from the State party 4.1 In its submissions dated 30 June, 6 October and 13 October 1995, the State party rejects the allegations by CEAR as incorrect and inaccurate. It is claimed that X illegally entered Spanish territory on 14 November 1993, crossing the wire near the Beni-Enzar frontier. He had previously left Algeria and crossed Morocco. On 15 November he was arrested as he sought to take a ship from Melilla to the Iberian peninsula using a false French passport. He did not at that time state that his intention was to seek political asylum but that he wished to work in Germany. That statement, made in the presence of a lawyer and with the help of an interpreter, was made after he had been informed of his rights, at which time he announced his wish to report his detention to the Algerian consulate. 4.2 The communication omits to mention that there was an expulsion hearing in the presence of a lawyer and with the assistance of an interpreter. X was explicitly informed that he had 10 days during which to submit his claims. The State party emphasizes that X made absolutely no claims during the expulsion hearings - inexplicable behaviour in an individual fearing persecution or torture in his own country. 4.3 On 15 December, a month after his detention, X was ordered to be expelled but the order was not put into effect because legal proceedings were still pending. On 16 December the criminal court passed judgement and X was released. X made no application for asylum in Spain until 11 January 1994, eight weeks after entering Spanish territory, when the expulsion was about to be enforced. Then, for the first time, he claimed to belong to FIS. He presented a certificate bearing neither date nor place of issue; it was examined by the State party’s experts, who expressed doubts as to its authenticity. X claimed, but produced no evidence, that the Algerian government authorities had "decided to arrest him" and, somewhat contradictorily, that he had been "convicted of a political crime", without explaining what crime or when or by what court he had been convicted. 4.4 Following the submission of the application for asylum, X was allowed 15 days to submit his claims and submit such documents and substantiating evidence as he saw fit. He did not do so. His application was communicated to the representative of the United Nations High Commissioner for Refugees in Spain, who made no report, oral or written, on the proceedings. -56-