CAT/C/23/D/63/1997
page 2
Annex
VIEWS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22,
PARAGRAPH 7, OF THE CONVENTION AGAINST TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
- TWENTY-THIRD SESSION concerning
Communication No. 63/1997
Submitted by:
Josu Arkauz Arana
[represented by counsel]
Alleged victim:
The author
State party:
France
Date of communication:
16 December 1996
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 9 November 1999,
Having concluded its consideration of communication No. 63/1997, submitted to the
Committee against Torture under article 22 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the author of the
communication and the State party,
Adopts the following decision:
1.1
The author of the communication is Josu Arkauz Arana, a Spanish national. He is
represented by counsel. Mr. Arkauz applied to the Committee on 16 December 1996 claiming to
be a victim of violations by France of articles 3 and 16 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment because of his deportation to
Spain.
1.2
In accordance with article 22, paragraph 3, of the Convention, the Committee brought the
communication to the attention of the State party on 13 January 1997. At the same time, acting
under rule 108, paragraph 9, of its rules of procedure, the Committee requested the State party
not to expel Mr. Arkauz to Spain while his communication was being considered.