complainant's part). The Committee considers, as a consequence, that the
complainant has failed to demonstrate that, at the time of the communication, he
was a victim of the alleged failure of the State party to abide by the contended
obligation under the Convention to exhaust the full measure of avenues open to it
in the attempt to procure the alleged offender's extradition.
6.5 Moreover, with respect to (b), the Committee notes that the complainant did
not engage domestic remedies in Spain by becoming a civil party to the
proceedings to obtain the extradition of General Pinochet. Further, with regard to
his complaints against the Spanish Minister for Foreign Affairs, the Committee
notes that the complainant did not make use of the remedy of amparo, which the
State party contends is an available and effective remedy, citing a number of cases
before the Constitutional Court in support of this proposition, whereas the
complainant claims thatamparo would not have resulted in any relief, citing
relevant case-law. In the circumstances, the Committee is not in a position to
decide that recourse to such remedies would have been a priori futile and thus not
required for purposes of article 22, paragraph 5 (b) of the Convention.
6.6 With respect to (c), the Committee notes that the complainant's claims with
regard to torture committed by Chilean authorities are ratione personae justiciable
in Chile and in other States in whose territory General Pinochet may be found.
However, to the extent that General Pinochet was not in Spain at the time of the
submission of the communication, the Committee would consider that articles 13
and 14 of the Convention invoked by the complainant do not apply ratione
personae to Spain. In particular, his "right to complain to, and to have his case
promptly and impartially examined by, [the] competent authorities", and his
claim to compensation would be justiciable vis-à-vis the State responsible for the
acts
of
torture,
i.e.
Chile,
not
Spain.
6.7 With respect to (d), the Committee observes that the State party possesses
extraterritorial jurisdiction over acts of torture committed against its nationals. The
Committee recalls that one of the objects of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment is to avoid any
impunity to persons having committed such acts. The Committee observes that,
based upon the State party's law, and in conformity with articles 5, paragraph 1 (c),
and 8, paragraph 4, of the Convention, the State party sought the extradition of
General Pinochet for trial in Spain. There is every indication that Spain would have
brought General Pinochet to trial, once he were to be found on its territory, further
to the indictment of 4 July 1996 of the Juez Central de la Audiencia Nacional de
España. The Committee observes, however, that while the Convention imposes an
obligation to bring to trial a person, alleged to have committed torture, who is
found in its territory, articles 8 and 9 of the Convention do not impose any
obligation to seek an extradition, or to insist on its procurement in the event of a
refusal. In this connection, the Committee refers to article 5, paragraph 1 (c), of the