CAT/C/41/D/291/2006 page 14 6.3 The State party notes that the opening of a judicial investigation is a legal remedy that satisfies the requirements of the Convention, in accordance with rule 109 of the Committee’s rules of procedure. Once the judicial investigation has been opened, the investigating judge in charge of the case proceeds, in accordance with article 53 of the Code of Criminal Procedure, to hear the complainant, collect statements from witnesses, question suspects, visit the scene where necessary to make the usual observations, seize objects that could be used as evidence, order expert reports where necessary and take all necessary steps to establish the truth, considering evidence that both incriminates and exonerates the suspect. 6.4 According to the State party, complainants can also become a party to the prosecution by presenting themselves to the investigating judge conducting the investigation: this enables the complainant to follow the procedure as it takes its course, to submit conclusions where necessary and to appeal against the decisions of the investigating judge. Once the investigation is concluded, the investigating judge issues an order containing one of the following findings: (a) that there are no grounds for prosecution, including if the judge thinks that criminal proceedings are not in order, that the acts concerned do not constitute an offence or that there is insufficient evidence against the accused; (b) that the accused should be referred to the appropriate court, including if it is established that they committed the acts of which they are accused, and which are classed as offences or misdemeanours by law; or (c) that the accused should be referred to the indictments chamber, where the acts that have been proved constitute a criminal offence. 6.5 The State party explains that orders are communicated to the civil party, who may, within four days of notification, lodge an appeal against any order that adversely affects his or her interests. The appeal takes the form of a written or oral statement and is received by the registrar of the investigations office. The indictments chamber rules on the appeal; its decisions are enforceable with immediate effect. If the indictments chamber finds that the acts do not constitute an offence or that there is insufficient evidence against the accused, it discharges the accused. If, on the other hand, there are sufficient indications of guilt, it refers the accused to the appropriate court - in this case, the criminal court or the criminal section of the court of first instance. The indictments chamber can also order a further investigation, entrusting it either to one of its judges or to the investigating judge. It can also, under its power to raise issues, order new proceedings and investigate or order an investigation into acts that have not yet been investigated. Once notice of the decision has been served, the civil party can launch an appeal on points of law against a decision of the indictments chamber in the following cases: when the chamber orders the discharge of the accused; when it declares the civil action inadmissible; when it declares the criminal prosecution time-barred; when it finds, either of its own motion or in response to objections by the parties concerned, that the court to which the case was referred did not have jurisdiction; or when it fails to rule on one of the counts. 6.6 The State party argues that the complainant may also, if it is established that he or she has suffered injury as a direct result of an offence, pursue a claim for damages in civil proceedings. These proceedings can be held simultaneously with the criminal prosecution or separately, in a civil court, as set out in article 7 of the Code of Criminal Procedure. Civil proceedings in criminal courts are initiated by becoming a party to the prosecution; when pursued through the