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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 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.
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