By Milt Milson

Humberto Lopez Jr., convicted Cuban exile terrorist, is seeking to be deported from the United States as "a free man," claiming he was kidnapped from the Dominican Republic after being tortured in Santo Domingo.

In an affidavit prepared in his jail cell, Lopez said he was "forcibly abducted against his will from a foreign land" in violation of his rights.

He claims he was forcibly placed aboard a Dominican plane which had an FBI agent aboard and taken to Miami in "an unlawful entry . . . without a visa."

In the affidavit, Lopez claims he was arrested in Santo Domingo by Dominican secret police "acting in concert with agents of the U.S. government" and held prisoner at the Palace of Justice jail in a cell with no bed, light, or sanitary facilities.

He claims his clothes were stripped from him, he was doused with water every two hours to prevent him from sleeping and repeatedly beaten.

He said he was taken to the airport by a Dominican agent accompanied by an American agent and that he protested, saying he was a Cuban citizen and a political refugee. He said he asked to be sent to Cuba.

Lopez' attorney Gino Negretti refused to discuss the affidavit or action.

In court yesterday, Lopez was granted a Spanish-speaking psychiatrist to conduct an examination following a plea by Negretti, who said his client was not competent to aid his own defense.

U.S. Magistrate Charlene Sorrentino had appointed the examination, but Negretti had asked for a Spanish-speaking psychiatrist. Dr. Edmund Cava was named to conduct the exam.