CCPR/C/125/D/2657/2015
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
8 August 2019
English
Original: Spanish
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2657/2015*, **, ***
Communication submitted by:
Gorka-Joseba Lupiañez Mintegi (represented by
counsel, Lorea Bilbao)
Alleged victim:
The author
State party:
Spain
Date of communication:
23 June 2015 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 22 October 2015 (not issued in
document form)
Date of adoption of Views:
21 March 2019
Subject matter:
Torture of a member of an armed organization
while being held in incommunicado detention
Procedural issues:
Matter examined under another procedure of
international settlement
Substantive issues:
Torture; cruel, inhuman or degrading treatment;
right to an effective remedy
Articles of the Covenant:
2 (3), 7, 10 (1)
Articles of the Optional Protocol:
5 (2) (a)
1.
The author of the communication is Gorka-Joseba Lupiañez Mintegi, a national of
Spain born on 19 March 1980 who is a member of the armed organization Euskadi Ta
Askatasuna (ETA). He claims that the State party has violated his rights under articles 7
and 10 (1) of the Covenant. In addition, the communication points to a violation of article 2
(3) of the Covenant. The author is represented by counsel. The Optional Protocol entered
into force for the State party on 25 April 1985.
* Adopted by the Committee at its 125th session (4–29 March 2019).
** The following members of the Committee participated in the examination of the present
communication: Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Christopher Arif
Bulkan, Ahmed Amin Fathalla, Shuichi Furuya, Christof Heyns, Bamariam Koita, Marcia V.J. Kran,
Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel
Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.
*** An individual opinion by Committee member José Manuel Santos Pais (dissenting) is annexed to the
present Views.
GE.19-13559 (E)
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