Annex V DECISIONS OF THE COMMITTEE AGAINST TORTURE UNDER ARTICLE 22 OF THE CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT A. Communication No. 6/1990, H.cr.P. v. Spain (Decision of 12 Noyember 1991, adopted at the seventh session) I Submitted by: 1. U. P. (name deleted) Alleged victim: H.U.P. (name deleted) State party concerned: Spain Date of communication: 13 October 1990 The Committee against Torture, established under article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, I Meeting on 12 November 1991, Adopts the following: le Decision on admissiQility 1. The author of the communication is LU.P., currently residing i.n France. She submits the communication on behalf of her brother, of the Basque separatist organization ETA, currently in detention in Spain. The brother claims to have been maltreated at the time of his arrest on 2 April 1990, to have been tortured by the guardia civil from 2 to 7 April 1990, and to be subjected to degrading treatment during his present detention. 2. Before considering any claims contained in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. ArtiCle 22, paragraph 5 (b), of the Convention precludes the Committee from considering any communication from an individual, unless it has ascertained that the individual has exhausted all available domestic remedies. The author herself concedes that an examining magistrate in Alcada-de-Henares has recently ordered an investigation into the allegations of torture against her brother H.U.P. and that there has been no obstruction of justice in that respect. Accordingly, the Committee finds that the requirements of article 22, paragraph 5 (b), of the Convention have not been met • 3. le .e 4. The Committee therefore decides: (a) That the communication is inadmissible; -81Digitized by Dag Hammarskjöld Library