6.1 Before examining the merits of a communication, the Committee Against Torture must determine whether the communication is admissible under article 22 of the Convention. 6.2 The Committee notes the complainant's allegations that the violation of the Convention lies in the refusal of the Spanish Minister for Foreign Affairs to transmit Resolutions adopted by the Audiencia Nacional to the relevant British authorities. The Committee has also noted the State party's response that the matter was raised by the complainant before the competent Spanish courts, which determined that there was no violation of Spanish law. The Committee considers that the interpretation of national laws is within the competence of the tribunals of States parties and that, accordingly, it is not in a position to make a finding with respect to the application or interpretation of Spanish law in matters of extradition. The Committee limits itself to examining the admissibility of the communication in the light of the criteria established by the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. 6.3 The Committee notes that the State party's objections to the admissibility of the communication are essentially fourfold: (a) lack of standing on the part of the complainant, who does not claim to have been tortured by Spanish authorities nor became a party to the Spanish criminal proceedings against General Pinochet; (b) failure to exhaust domestic remedies, including an appeal in amparo to the Constitutional Court; (c) ratione personae, since the alleged torture was not committed by Spanish authorities, but by agents of the Chilean State, and because General Pinochet was not on Spanish soil; and (d) lack of competence ratione materiae, since no article of the Convention imposes an obligation on a State party to demand extradition of a person suspected of torture. 6.4 With respect to the State party's argument that the complainant lacks standing to bring the communication, the Committee notes that the complainant claims that he was arrested by members of the Chilean police and subjected to beatings and other ill-treatment. While those acts occurred outside of Spain, and before the entry into force of the Convention, the complainant does not claim a breach by Spain of his right not to be subjected to torture, or other cruel, inhuman or degrading treatment or punishment. Rather, the complainant contends that Spain is in breach of a current obligation under the Convention to investigate fully and prosecute alleged acts of torture falling within its jurisdiction, and, in furtherance of that obligation, to pursue the extradition proceedings to the furthest extent possible. For the complainant to be a victim of the alleged violation, however, he must be personally and directly affected by the alleged breach in question. The Committee observes that, in the present case, the complainant was not a civil party to the criminal proceedings in Spain against the alleged offender, General Pinochet, nor did his case form part of the Spanish extradition request. Accordingly, even if General Pinochet had been extradited to Spain, the complainant's situation would not have been materially altered (at least without further legal action on the

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