CAT/C/48/D/453/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-eighth session)
concerning
Communication No. 453/2011
Submitted by:
Oskartz Gallastegi Sodupe
Alleged victim:
The author
State party:
Spain
Date of complaint:
20 January 2011 (initial submission)
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 May 2011,
Having concluded its consideration of complaint No. 453/2011, submitted to the
Committee by Oskartz Gallastegi Sodupe 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 complainant,
his counsel and the State party,
Adopts the following decision pursuant to article 22, paragraph 7, of the Convention:
Decision under article 7, paragraph 22, of the Convention against
Torture
1.
The complainant is Orkatz Gallastegi Sodupe, a Spanish national born on 7 June
1982. He claims to be the victim of a violation by Spain of articles 12, 14 and 15 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The complainant is represented by counsel, Ms. Iratxe Urizar and Mr. Julen
Arzuaga.
The facts as submitted by the complainant
2.1
On 24 October 2002, when he was 20 years of age, Mr. Gallastegi Sodupe was
arrested by the Ertzaintza (Basque autonomous police force) in Berango (Bizkaia) during a
police operation in which five other youths were also arrested on charges connected with
sabotage and damage to public property.
2.2
The complainant was arrested in a violent manner at 5 a.m. in his home by masked
police. He was thrown to the ground and handcuffed, and his house was searched for three
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