that the State party has objected to admissibility on the grounds of failure to
exhaust domestic remedies.
6.2 It is a fact undisputed by the author of the communication that, at the
hearing on 25 November 1997 of oral minor-offence proceedings in
Investigating Court No. 6 in Murcia, before which the complaint against him
had been lodged by the police officers on 29 October 1997, it was his own
lawyer who requested the suspension of the proceedings on the ground of
the existence of the complaint lodged by his client against the police
officers. That complaint had been lodged before Murcia Investigating Court
No. 1, which had been on duty on the day it had been lodged, namely 31
October 1997. In addition, he had requested "the relevant joinder".
Consequently, the joinder of the author's complaint against the police
officers to that lodged by the officers against the author, which was being
dealt with in oral minor-offence proceedings, was expressly requested by the
author.
6.3 Between the suspended hearing of 25 November 1997 and the new
hearing for the continuation of the proceedings, convened by decision of 12
December 1997 for 17 March 1998, the author, who could not have been
unaware of the fact that the proceedings were continuing in accordance with
the oral minor-offence procedure, did not, although he could have done so,
apply for the replacement of that procedure by the ordinary criminal
procedure, which he is now invoking as a basis for the communication
submitted to the Committee.
7. In the light of the foregoing, the Committee, in accordance with the
provisions of rule 107, paragraph 1 (c), of its rules of procedure, declares the
communication inadmissible as constituting an abuse of the right to submit a
communication under article 22 of the Convention.
8. This decision shall be transmitted to the State party and to the author of
the communication.
Notes
1. The author cites the Committee's views on communication No. 59/1996
(Blanco Abad v. Spain), which states in paragraph 8.6: "The Committee
observes that article 13 of the Convention does not require either the formal
lodging of a complaint of torture under the procedure laid down in national