CAT/C/21/D/67/1997 page 6 4.8 Compensation can also be sought from the Criminal Injuries Compensation Board, on the condition that criminal charges have been brought under the Criminal Code and that this has resulted in the conviction of certain individuals for having committed an act of torture. Compensation which may be awarded includes expenses incurred as a result of the injury or death, pecuniary loss, and compensation for pain and suffering. An application to the Board does not prevent a person from recovering damages by way of civil proceedings. The State party reiterates that the authors have not brought any criminal charges under the Criminal Code and that a redress before the Board is at present therefore not possible. 4.9 Finally, the State party submits that the communication should be considered inadmissible as the authors have not substantiated their allegations against the Government. In particular, the State party states that the authors have failed to establish that the alleged acts could be characterized as “torture” as defined in article 1 of the Convention or as “cruel, inhuman or degrading treatment or punishment” as defined in article 16. The essence of the communication is that the medical care at the immigration detention centre was inadequate. The communication alleges that Mr. Akhimien did not receive or was denied adequate medical care in that the medical staff did not diagnose that he had a diabetic condition of which he was not aware. The State party submits that the negligence alleged does not constitute torture or cruel, inhuman or degrading treatment or punishment. Even though, in some cases, omissions could be considered torture or inhuman treatment, what is alleged is negligence in the provision of medical care to a person already suffering from a disease unknown to him. The State party submits that this cannot be considered an “act” of torture or cruel, inhuman or degrading treatment or punishment within the meaning of the Convention and that the Convention was not intended to nor does it apply to such circumstances. Counsel's comments 5.1 In his reply to the State party's submission, counsel states that the purpose of the exhaustion of domestic remedies rule is not to ensure that domestic remedies are not superseded by an international authority, but rather to give the national authority the opportunity to remedy the wrong suffered by the victim. Further, the remedies must not only be theoretically available, but there must also be a realistic chance that the redress would be effective. 5.2 Counsel submits that subsection 31 (2) of the Coroners Act explicitly forbids the inquest jury from making “any finding of legal responsibility” or from expressing “any conclusion of law” regarding the circumstances that are the subject of the inquest. Consequently, it is erroneous to say that the coroner's inquest held into the circumstances of the death of the victim in the present case obviates the necessity of an independent review. Further, counsel submits that the authors were not parties to the application for judicial review made by the Nigerian Canadian Association to the Ontario Divisional Court. It should be noted that the family and dependants of the deceased lacked the necessary resources to pursue and bring to timely conclusion an application for judicial review. If the authors would at present file for a judicial review it would be dismissed for delay.