CAT/C/20/D/59/1996 page 7 5.3 As to the author’s allegation that her conviction violated article 15 of the Convention, the Committee noted the comment in the judgement of the National High Court that the statements made to the police by the accused (including the author) had not been taken into consideration because of the possibility that torture had been used. The author’s conviction was based on other, uncompromised, voluntary statements made when the accused had been accompanied by counsel of their own choosing. In the circumstances, the Committee found that the author’s claim of a violation of article 15 lacked the requisite corroboration, rendering it incompatible with article 22 of the Convention. 5.4 The Committee therefore decided that the communication was admissible inasmuch as it raised issues relating to articles 12 and 13 of the Convention. Submission of the State party on the merits 6.1 In a submission of 10 November 1997 the State party reiterated that, although the author had been assisted by seven lawyers in the proceedings against her, not a single complaint or report of maltreatment had been presented via the domestic means of redress and that Court No. 44 had initiated the investigation without any application from the individual concerned, who was not even represented in court as an interested party when the compulsory offer of recourse was made to her. This attitude on the part of the author was curious since at the same time she reported the alleged maltreatment to several international bodies. From 9 September 1994, the date on which she requested the revocation of the stay of proceedings, until 4 April 1995, when the shelving order was made, the author did not request any investigation or produce any evidence. Her report of alleged maltreatment was inconsistent with this passive behaviour - not taking any action via the domestic means of redress, not being represented as a party directly involved in the official investigation, and reactivating an investigation but taking no part in it for six months. 6.2 The State party submitted, with respect to article 13 of the Convention, that insofar as this article refers to the right to complain, its application in the present case would be limited to the period beginning with the author's representations to Court of Investigation No. 44 following the order for a stay of proceedings, representations which marked the reopening of the investigation. Less than 15 months elapsed between the reopening of the investigation and the decision of the Constitutional Court. The investigation was in progress for six of these months, and during these six months the author, assisted by lawyers, did not submit a single document to the Court and did not produce or propose any evidence. In the remaining nine months after the shelving order, the applications to the Court of Investigation, the Provincial High Court and the Constitutional Court were submitted, heard and ruled upon. Accordingly, the State party did not fail to fulfil its obligations under article 13 of the Convention. 6.3 With regard to article 12 of the Convention, the State party submitted that the Spanish system of protection against maltreatment has procedures for safeguarding that right, including in cases, such as the present one, when the party concerned takes no action. When the author entered the Penitentiary Centre on 3 February 1992, she was given a medical examination.

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