United Nations Human Rights Website - Treaty Bodies Database - Document - Jurispr... Page 3 of 4 was not put into effect because legal proceedings were still pending. On 16 December the criminal court passed judgement and X was released. X made no application for asylum in Spain until 11 January 1994, eight weeks after entering Spanish territory, when the expulsion was about to be enforced. Then, for the first time, he claimed to belong to FIS. He presented a certificate bearing neither date nor place of issue; it was examined by the State party's experts, who expressed doubts as to its authenticity. X claimed, but produced no evidence, that the Algerian government authorities had "decided to arrest him" and, somewhat contradictorily, that he had been "convicted of a political crime", without explaining what crime or when or by what court he had been convicted. 4.4 Following the submission of the application for asylum, X was allowed 15 days to submit his claims and submit such documents and substantiating evidence as he saw fit. He did not do so. His application was communicated to the representative of the United Nations High Commissioner for Refugees in Spain, who made no report, oral or written, on the proceedings. 4.5 Almost eight months later, on 31 August 1994, the application for asylum was denied in view of the lack of documentation supporting X's case. On 3 October 1994, X was notified that he must leave Spanish territory within 15 days. When he failed to comply with the departure order, permission to expel him was sought from Criminal Court No. 2 in Melilla, which granted permission on 27 October 1994; the expulsion was carried out on 24 November 1994 in accordance with an order from the General Directorate of State Security endorsed by the competent court, and X was put on a plane to Algeria. 5.1 Regarding the admissibility of the communication, the State party maintains that throughout his time in Spain X adduced no "substantial grounds for believing that he would be in danger of being subjected to torture" if he was expelled. 5.2 The State party also challenges the authority of CEAR to represent X before the Committee, inasmuch as the certificate presented only covers representation of X in administrative matters in Spain and does not give CEAR blanket authority to submit a communication under article 22 of the Convention. Observations by counsel for the author 6.1 In his observations dated 11 September and 9 November 1995, counsel for CEAR confirms his authority to act on behalf of X, who is said to have contacted CEAR on 16 December 1993 and been advised by lawyers Arias Herrera and Pellicer Rodríguez. Counsel for CEAR confirms his authorization to represent X and sends a copy of a certificate dated 14 November 1994. 6.2 On the facts, CEAR repeats that X fears persecution in his home country because he is a member of FIS. Issues and proceedings before the Committee 7.1 Before considering any of the allegations in a communication, the Committee against Torture must decide whether or not the communication is admissible under article 22 of the Convention. 7.2 Although the accompanying mandate does not specifically mention application to the Committee, in this case the explanations provided by CEAR for its representation of X are accepted. 7.3 The Committee has examined the representations made by CEAR to the Spanish authorities regarding the asylum proceedings and to the Committee under article 22 of the Convention. It points out that its authority does not extend to a determination of whether or not the claimant is entitled to asylum under the national laws of a country, or can invoke the protection of the Geneva Convention relating to the Status of Refugees. Under article 3 of the Convention, the Committee must decide whether expulsion or extradition might expose an individual to the risk http://www.unhchr.ch/tbs/doc.nsf/MasterFrameView/2129f21df94ff41180256701003... 26.02.2008

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