8.4 She explains that research in Manzares has shown that a complaint was made on 21 and 28 April 1990 on behalf of Parot to the tribunal of first instance No. 1 of Manzares about Parot’s detention incommunicado and about an incident during which Parot was beaten while on his way to the shower. On 16 May 1990, Parot made a statement in prison, confirming the complaints made on his behalf. A medical certificate stated that Parot showed bruises on the right arm and leg. Furthermore, on 11 May 1990, an investigation was opened by the tribunal of first instance No. 2 of Manzares, following detailed charges made by Parot before a judicial commission that he was tortured upon his arrest. On 10 January 1991, the two investigations were joined. On 21 May 1991, the Juzgado No. 3 of Alcalá-de-Henares received a request to hear Parot on the matter, and the magistrate interviewed Parot in prison on 28 May 1991. The author claims that in the end the investigating magistrate of tribunal No. 2 of Manzares decided to file the case, and to decide only on the complaint related to the shower incident and stating that Parot’s declarations did not show any criminal liability of known persons. 8.5 The author states that her brother was never informed of the outcome of the investigation and has not received copies of the relevant documents. She contends that this has made it difficult for her to verify the facts in the case. 8.6 The author expresses surprise at the statement made by one of the Stateappointed lawyers who were present during her brother’s interrogations. The author contests the truthfulness of the State lawyer’s statement and explains that Spanish law allows detention incommunicado for up to five days of persons suspected of terrorism, excluding assistance of a freely chosen lawyer and requiring the presence of a State-appointed lawyer during the making of statements. According to the author, the law also precludes contact in private between the detainee and the lawyer. She therefore concludes that it is questionable that Parot met with the lawyer, only to tell him that he had been well treated. In this context, she affirms that her brother denies having had a private meeting with a lawyer during his detention. Consideration of the merits: 9. The Committee considered the communication in the light of all information made available to it by the parties, in accordance with article 22, paragraph 4, of the Convention. 10.1 By its decision of 26 April 1994, the Committee held that the communication was formally admissible, as it raised the question of possible responsibility of the State party under article 13 of the Convention, which provides as follows: "Each State party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities ..." 10.2 In the case under consideration the author of the communication states that, on 7 April 1990, on concluding his statement before Juzgado Central de Instrucción No. 4 of the Audiencia Nacional of Madrid, her brother Henri Parot complained that he had been tortured by the Guardia Civil on the days immediately following his arrest, and that this complaint was never considered by the authorities of the State party. -67-