CAT/C/18/D/46/1996 page 6 4.5 The investigating magistrate ordered medical examinations of the claimants. The medical examiner filed his reports on 3 January and 22 May 1996. According to the reports, three unionists, Messrs. Taaviri, Tetaria and Temaititahio, showed after-effects of injuries. Upon request of the authors' counsel, a psychiatric examination of 10 of the claimants was ordered on 10 June 1996, to evaluate the psychological consequences of the treatment they claim to have been subjected to. 4.6 On 19 October 1995, the investigating magistrate ordered a commission of inquiry to interview the officers in charge of apprehending the A TI'A I MUA members on 9 September. It appears from the commission's report that the police officers interviewed contest the violent acts alleged by the complainants, although they recognize that their intervention was firm because of the tense situation. 4.7 On 7 March 1996, pictures of the police officers who had participated in the intervention were given to the complainants for identification purposes. According to the State party, the complainants had difficulty in formally identifying the perpetrators of the violence of which they complain. 4.8 The State party submits that several of the complainants were summoned to a further hearing on 9 September 1996, and that the investigations are continuing without delay. The State party thus argues that the authors cannot invoke the exceptions to the rule of exhaustion of domestic remedies, laid down in article 22, paragraph 5 (b), of the Convention, since their application is not unduly prolonged nor can it be said that it is unlikely to bring effective relief. Counsel's comments on the State party's submission 5.1 In his reply to the State party's submission, counsel argues that the requirement of exhaustion of domestic remedies applies at the moment when the Committee actually examines the admissibility of the communication, not at the time of submission. According to counsel, it is thus not certain that domestic remedies will not be exhausted when the Committee considers the communication. 5.2 Counsel further points out that cruel, inhuman or degrading treatment is not a criminal offence under French law, for which reason the authors had to base themselves on articles 309 and 63 of the (former) Penal Code. 5.3 Moreover, counsel recalls that the rule of exhaustion of domestic remedies does not apply when the remedies are not likely to be effective. In this context, counsel submits that, on 2 October 1996, the complainants requested the investigating magistrate, under article 81 of the Code of Criminal Procedure, to proceed to a reconstruction of the events, including the conditions in which they were arrested, transported in a van and detained. On 18 October 1996, the magistrate rejected their request. The complainants have appealed this decision to the Court of Appeal of Papeete.