administered to him with his food, with the result that he started to hallucinate. 2.2 With regard to the exhaustion of domestic remedies, it is stated that the alleged victims made reference to the alleged tortures when they were brought before Judge I. M. C. It is reported that once J. E. removed his shoe in front of the judge in order to show the black points left by the instruments utilized when administering electric shocks. The authors appeal to the Committee against Torture with the specific complaint that the competent judicial authorities in Spain, in particular the judges and forensic experts, have failed to investigate the alleged violations, thus permitting the torturers to operate with impunity. 2.3 During the period of detention of the alleged victims and of 14 other persons in Bilbao, an official of the World Organization against Torture wanted to visit them, but permission was reportedly denied. 2.4 On 12 November 1993 Mr. E. was allegedly subjected to ill treatment at Orense prison. An official investigation is in progress. State party’s observations: 3.1 By submissions of 1 September, 17 December 1993, 24 January and 19 April 1994, the State party argues that the communication is inadmissible under article 22, paragraph 5 (b), of the Convention, because the authors have not exhausted domestic remedies. The State party states that the authors have seven lawyers and that they did not file any complaint with the Spanish authorities, as provided for under Spanish law. However, the State party submits that Spanish courts started ex officio investigations, even if the alleged victims did not do so. An ex officio investigation into the possible ill treatment of Mrs. E. was conducted under case No. 205/92, including through the examination of contemporary medical reports. The Juzgado de Instrucción No. 44 invited Mrs. E. to participate in this judicial investigation, but she declined. The investigation failed to reveal any misconduct on the part of the Guardia Civil and was closed in January 1993. 3.2 With regard to the alleged ill treatment of Mr. E. on 12 November 1993, the State party submits that Mr. E. filed a complaint with the Juzgado de Guardia de Leon on 27 November 1993, 15 days after the alleged events. The matter is currently under judicial investigation under No. 865/93. The State party forwards copies of the relevant documents. 3.3 As a further ground for inadmissibility, the State party refers to the authors’ submission to the effect that the same complaint had been forwarded to the European Commission of Human Rights and to the European Committee for the Prevention of Torture, both in Strasbourg. Examination by these bodies would render the communication inadmissible under article 22, paragraph 5 (a), of the Convention. 3.4 The State party denies to torture or ill treatment during their detention. It who examined them every day subsequent reports. the allegations that Mr. and Mrs. E. were subjected upon their arrest in January 1992 or subsequently submits copies of the reports of the medical doctors during the first five days of detention, as well as -43-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents