show that the investigating authorities were unbiased and conducted the necessary
investigations impartially.
4.11 The results of the investigations would have been the same even if preliminary
examinations had been conducted by a court of law or the file had been sent back to
the investigating judge. The witnesses and the accused persons questioned by police
officers during the preliminary investigations were again questioned at length by the
judge at the trial. Hence, any possible faults of the preliminary investigation would
have been corrected at that time. Acceding to the request made on 6 November 1996
by the representative of the complainant to return the file to the investigating judge
would have been counterproductive, as it would not have produced any new results
and would have created a considerable delay in the criminal proceedings.
4.12 The State party finally contends that the prerequisites enshrined in the
Convention have not been fulfilled in the case at issue and considers that the
Committee should declare the complaint inadmissible.
Comments by the complainant
5.
In a letter, dated 28 July 1999, the complainant stated that he had submitted all
relevant information.
Decision on admissibility
6.
At its twenty-third session, in November 1999, the Committee considered the
admissibility of the complaint under article 22 of the Convention. In the case under
consideration the Committee noted that the communication was not anonymous and
that the same matter was not being nor had been examined under another procedure of
international investigation or settlement. It also noted that complainant’s statement
that all domestic remedies had been exhausted. The State party did not contest that
statement. Moreover, the Committee considered that the complaint did not constitute
an abuse of the right of submission of such communications nor was it incompatible
with the provisions of the Convention. It held that the observations submitted by the
State party concerned the merits rather than the admissibility issue. The Committee,
therefore, found that no obstacles to the admissibility of the complaint existed.
Accordingly, the Committee declared the complaint admissible on 18 November
1999.
State party’s observations on the merits
7.1
In it submission dated 9 June 2000, the State party refers to its previous
presentation of the facts of the case.
7.2
In response to a request by the Committee, the State party submits information
on the procedure set forth in its domestic legislation to deal with complaints of torture.
The State party contends that remedies are available, which in their entirety ensure a
prompt and impartial examination of cases of alleged torture that meet the
requirements of article 13 of the Convention.
6