CAT/C/41/D/323/2007
page 2
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-first session
concerning
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)
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 11 November 2008,
Having concluded its consideration of complaint No. 323/2007, submitted by J.H.A. under
article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment,
Having taken into account all written information made available to it by the complainant
and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against Torture
1.1 The complainant is J.H.A., a Spanish citizen and member of the non-governmental
organization Colectivo por la Justicia y los Derechos Humanos. He is acting on behalf of
P.K. et al., all Indian citizens detained in Mauritania at the time of submission of the complaint.
1.2 In accordance with article 22, paragraph 2, of the Convention, the Committee transmitted
the complaint to the State party by a note verbale dated 22 June 2007. At the same time, the
Committee requested the State party to take the necessary measures within its power to ensure
adequate conditions of detention for the alleged victims, including access to a lawyer and the
right to be heard by the competent authorities.