CAT/C/21/D/67/1997 page 7 5.3 Counsel states that theoretically and practically, criminal prosecutions are strictly matters between the State and the accused. The complainant is not a party to such actions nor can the victim exercise any control over the prosecution process. The possibility of filing a complaint with the consequence that the culprits might be prosecuted and/or convicted cannot be considered a remedy. 5.4 With regard to domestic remedies for compensation, counsel confirms that the authors have filed an application under the Crown Liability and Proceedings Act and that the case is pending at present. However, counsel adds that although the action is currently pending before a Canadian court, the action has been stalled and the case has not progressed since November 1996 due to circumstances not attributable to the authors. 5.5 Counsel further submits that the State party's reference to the Criminal Injuries Compensation Board as a domestic remedy is purely speculative, since an application cannot be filed until after prosecution, trial and conviction of the culprit. 5.6 Counsel explains that he submits the communication on behalf of the family and the dependants of the deceased, in his capacity as their counsel. It is incumbent upon counsel, in that capacity, to pursue all possible institutional remedies, national and international, for the purpose of redressing the wrongs, injuries and damage suffered by his clients. Counsel refers to enclosed affidavits authorizing counsel to represent the victim's family and dependants in national proceedings. Issues and proceedings before the Committee 6.1 Before considering any claim in a communication, the Committee against Torture must decide whether or not it is admissible under article 22 of the Convention. 6.2 The Committee notes that the State party challenges the admissibility of the communication on the grounds that counsel has not justified acting on the victim's behalf; that domestic remedies have not been exhausted; and that the communication is not sufficiently substantiated to serve as a basis for the Committee's examination. The Committee, however, considers that the documentation before it shows that counsel is acting on behalf of the family and dependants of Mr. Akhimien. It also considers that the information before it is sufficient to establish a prima facie case that the communication may raise an issue under the Convention. 6.3 Pursuant to article 22, paragraph 5 (b), of the Convention, the Committee is precluded from considering any communication unless it has been ascertained that all available domestic remedies have been exhausted; this rule does not, however, apply if it is established that the application of domestic remedies has been or would be unreasonably prolonged or would be unlikely to bring effective relief to the presumed victim. In the case under consideration, the Committee notes the information from counsel that due to the time elapsed, it is no longer possible for the authors to file for judicial review of the coroner's inquest. However, the Committee also notes that the authors have not filed criminal charges under the Criminal Code and