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