CAT/C/18/D/46/1996 page 5 The complaint 3.1 The authors state that they were subjected to ill-treatment in terms of article 16 of the Convention against Torture. Further, they claim that France has not satisfied its obligations under articles 10, 11, 12 and 13 of the Convention. 3.2 As regards the exhaustion of domestic remedies, the authors state that their counsel filed a complaint with the Dean of the Magistrates in Papeete for cruel and inhuman treatment, for Ralph Taaviri on 20 October, for Cyril Le Gayic, Jean-Michel Garrigues, Tu Yan, Irvine Paro, Bruno Sandras, Eugène Sommers, Jacques Yeun, Albert Tematahotoa, Ronald Terorotua, Bruno Tetaria, Hiro Tefaarere on 23 October, and for Lionel Lagarde on 24 November 1995 respectively, without result. 3.3 It is stated that the same matter has not been submitted to any other procedure of international investigation or settlement. State party's observations on the admissibility of the communication 4.1 By submission of 17 September 1996, the State party argues that the communication is inadmissible because of non-exhaustion of domestic remedies. 4.2 The State party submits that acts of violence against persons are criminal offences under article 309 of the Penal Code, and under article 186 if the violence is committed by a public officer. 4.3 The State party explains that according to article 85 of the Code of Criminal Procedure, anyone who considers himself injured by a crime may file a complaint as a civil party before the competent magistrate. Articles 86, 87, 177, 178 and 179 lay down the procedure to follow. When a complaint is received, the magistrate informs the public prosecutor. The prosecutor can request the magistrate to hear the complaining party, if the complaint does not contain enough information to base the indictments on. If the magistrate considers that the facts disclose no criminal offence or cannot lead to a prosecution, or that the complaint is inadmissible, he produces a reasoned decision, which can be appealed by the interested parties, to the Court (Chambre d'accusation). A decision by the magistrate to dismiss a complaint is also appealable. The State party submits that the procedure is effective and must be exhausted before a complaint can be submitted to the Committee against Torture. 4.4 In fact, the authors made use of the procedure and lodged complaints with the Dean of Magistrates in Papeete. Subsequently, the public prosecutor, on 10 October, 29 November, 15 December 1995 and 28 March 1996, requested the opening of legal proceedings on an unspecified number of counts of violence committed by public agents, invoking articles 309, 186 and 198 of the former Criminal Code. The four requests were given to the Dean of Magistrates under one file number, 5070.