CAT/C/23/D/63/1997
page 4
Ministry of the Interior of the law stipulating that an alien could not be removed to another
country where his life or liberty might be threatened or where he could be exposed to treatment
contrary to article 3 of the European Convention on Human Rights. Following this opinion, a
ministerial deportation order was issued on 13 January 1997 and communicated that day to the
author. He was at the same time notified of a decision indicating that the order of deportation to
Spain was being put into effect. The deportation measure was implemented the same day, after a
medical examination had concluded that Mr. Arkauz could be transported by car to the Spanish
border.
2.7
By a letter of 17 March 1997 the author informed the Committee that his deportation to
Spain had taken place on 13 January 1997. He reported having been ill-treated and threatened by
the French police and described the incidents which occurred in Spain after his deportation.
2.8
The author claims to have suffered greatly during the journey to Spain because of his
extreme weakness. He states that while being driven from Fresnes to the Spanish border, a
distance of nearly 1,000 kilometres covered in seven hours, he was seated between two police
officers, with his hands cuffed behind his back, and he experienced very considerable back pain
because he suffers from degenerative discopathy. The police officers are said to have stopped at
one point and ordered Mr. Arkauz to get out of the vehicle. Since he was unable to move, the
police officers reportedly threw him to the ground and beat him. He adds that the police officers
intimidated him throughout the journey and that the treatment to which he was subjected is
contrary to article 16 of the Convention.
2.9
As soon as he had been handed over to the Spanish Civil Guard he was placed in
incommunicado detention. A forensic physician is said to have examined him and pronounced
him fit to travel on to Madrid under certain conditions, since his health had been very much
affected by the hunger strike. He states that he was slapped on the ears and about the head
during the journey of about 500 kilometres to Madrid. He also claims to have been constantly
told that he would later be tortured and killed. On entering Madrid, the officials are said to have
thrust his head between his knees so that he would not know where he was being taken, namely
to the Civil Guard Headquarters in Madrid. He says that he fainted from exhaustion. When
revived, he was reportedly subjected to long interrogation sessions. He was allegedly forced to
remain seated, with his legs apart, in a position that caused him very considerable back pain.
With his eyes covered, he was reportedly slapped all over his body. He was also allegedly
subjected to loud hand claps and whistling close to his ears and told in detail about the methods
and long sessions of torture that would be inflicted on him. At one point, the guards are said to
have ripped his clothes off, while continuing to beat him. Later, with some guards holding his
legs and others his arms, he was allegedly subjected to “la bolsa”1 and at the same time beaten on
the testicles. He reportedly then lost consciousness. When revived and still masked, he was
reportedly again seated on a chair, with his legs spread apart and his arms held to his legs. The
guards allegedly brought electrodes close to him. As he tried to move away, he reportedly
received a direct shock.
2.10 Some officials reportedly tried to persuade him to cooperate with them, using emotional
arguments concerning his wife and two children, but the author says that he refused to cooperate.
He was reportedly then examined by a doctor. After the doctor left, he was reportedly masked
again and beaten about the ears and the head. Another examination was made by a doctor, who