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
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