UNITED NATIONS CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr. RESTRICTED* CAT/C/41/D/323/2007 21 November 2008 ENGLISH Original: SPANISH COMMITTEE AGAINST TORTURE Forty-first session (3-21 November 2008) DECISION Communication No. 323/2007 Submitted by: J.H.A. On behalf of: P.K. et al. State party: Spain Date of the complaint: 7 May 2007 (initial submission) Date of the present decision: 10 November 2008 Subject matter: Detention of 23 Indian immigrants in Mauritania under Spanish control. Substantive issues: - Procedural issues: Lack of jurisdiction of the State party, absence of locus standi, failure to exhaust available domestic remedies Article of the Convention: 22 [ANNEX] * Made public by decision of the Committee against Torture. GE.08-45499 (E) 230109 260109

Select target paragraph3