CAT/C/47/D/368/2008 Senegalese and pulled him to shore, where he immediately began to perform heart and chest massage, while the Senegalese lay face up on the shore.” 2.6 The complainant states that she has not provided a copy of the record of the proceedings including the decision handed down by Examining Court No. 1 of Ceuta on 28 September 2007, because neither her family nor her attorney, a member of the legal aid office of the Southern Branch Office of the Spanish Refugee Aid Committee (CEAR/SUR), were notified of those proceedings. The complainant further states that neither her family nor CEAR/SUR were able to be joined as a party to the proceedings initiated by the Office of the Attorney General. The complaint 3.1 The complainant contends that her brother was the victim of violations by Spain of article 1, paragraph 1, and article 16, paragraphs 1 and 2, of the Convention. The complainant alleges that, once on board the vessel of the Civil Guard, Mr. Sonko was under the Spanish flag, and the Spanish authorities were responsible for what happened on that vessel and for providing due protection for persons present under that flag. 3.2 She notes that the State party, through its police officers, used force to throw the victim into the sea, who did not know how to swim and consequently drowned. Neither the deceased nor his companions were brought before the Investigative Police Force (Cuerpo Superior de Policía) of Ceuta, which is the body responsible for dealing with immigration matters, or before any court. The complainant states that there was no administrative procedure for denial of entry, which would have involved a hearing, a decision that would be kept in the case file and the possibility of appealing any such decision. At the time that the border guards were alerted by thermal imaging cameras of the attempt being made by four foreign nationals to enter Spanish territory and gave the order to stop them, the administrative procedure for denial of entry was initiated, but was not continued. 3.3 The complainant contends that throwing the migrants overboard constituted inhuman and degrading treatment, was an offence against their personal dignity and put their lives in danger (as demonstrated by the fact that the victim did in fact die), in violation of article 16, paragraph 1, of the Convention. 3.4 The complainant also invokes violations of the International Covenant on Civil and Political Rights and of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. 3.5 With respect to the admissibility of the complaint, she argues that all legal remedies were exhausted when Examining Court No. 1 of Ceuta found that it was not competent to hear the case because the events in question had occurred in Morocco and issued a dismissal of proceedings order.1 The order was not challenged and became final. Consequently, domestic remedies in Spain have been exhausted. 1 According to the Criminal Procedure Act: “Article 637. Proceedings shall be dismissed: a. When there is no reasonable indication that the act which gave rise to the proceedings was actually perpetrated. b. When the act does not constitute a criminal offence. c. When the persons being tried as perpetrators, accomplices or accessories after the fact appear exempt from criminal responsibility.” 4 GE.12-40869

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