execution of the measure do not subject her to distress or hardship of an intensity exceeding the unavoidable level of suffering inherent in detention and that, given the practical demands of imprisonment, her health and well-being are adequately secured by, among other things, providing her with the requisite medical assistance”.m 5.9As to the claim that the District Court only had oral evidence before it when it assessed the continuation of the complainant’s pretrial detention in solitary confinement on 26 May 1998, the complainant submits that the prison authorities should ex officio have had the complainant examined by a doctor and then requested the Prosecutor to have her removed from solitary confinement, upon learning that she suffered serious psychological harm. In the complainant’s view, the State party’s liability for the violation of articles 1 and 16 began on 15 May 1998 when the Kalundborg police did not act upon the prison physician’s report in which he considered that: “The inmate exhibited clear signs of mental instability, which can be explained freely on the basis of general knowledge on normal people’s reaction to incarceration and solitary confinement. I assessed that there was a risk that this condition might become worse and that it was important that the inmate’s situation could be resolved as soon as possible.” On 22 May 1998, even though the emergency service physician and crisis therapist described the complainant as “… strongly mentally troubled by the solitary confinement” and “claustrophobic, near-psychotic and deeply distressed”, respectively, the Kalundborg police still ignored the fact that the complainant was experiencing the harmful effects of her solitary confinement. 5.10The complainant acknowledges that the nature of the overall criminal operation was serious but emphasizes that she was only a peripheral and minor player and thus not likely to have extensive knowledge about the illegal operations, which were organized by her former husband and his accomplices. Moreover, she cooperated with the police and gave them the name of a suspect whom the police failed to apprehend while at the same time claiming that her removal from solitary confinement would jeopardize police investigations as she might try to contact suspects who had not yet been arrested. 5.11On the conditions of detention in solitary confinement, the complainant notes that the cell measured 8 m2 and had no windows, that she had no radio, that TV was only available upon payment of a fee and that she was never informed about the access to certain books from a local library. Whilst she did receive certain visits from her family, the form and duration of those visits were not sufficient to overcome her natural frustration, grief and anxiety. 5.12With respect to the State party’s arguments on article 12, the complainant submits that the Convention is binding on all public authorities in Denmark, including prison authorities and prosecutors. Accordingly, an investigation of the way in which the Kalundborg police and prison authorities handled her case, by repeatedly prolonging her solitary confinement, despite medical evidence demonstrating its harmful effects on her, would not have interfered with the independence of the Danish judiciary. Thus, in the complainant’s view, when her representative, an expert in the field of torture identification and research, expressed his professional opinion to the DPP and requested an investigation into these allegations, such an investigation should have been initiated, as prescribed by article 12 of the Convention. Issues and proceedings before the Committee 6.1Before considering any claim contained in a complaint, the Committee must decide whether or not it is admissible under article 22 of the Convention. The Committee has ascertained, as it is required to do under article 22, paragraph 5 (a), of the Convention, that the same matter has not been and is not being examined under another procedure of international investigation or settlement. 6.2With respect to the question of exhaustion of domestic remedies and the complainant’s initial argument that by failing to respond to her representative’s letter to the Director of Public Prosecutions, in which he stated that if he did not receive a response, he would assume that domestic remedies were deemed to have been exhausted, the Committee considers that it is not the function of the DPP to inform counsel on possible or available remedies for an alleged violation, and that no such inference can be drawn from the DPP’s failure to do so. 6.3The Committee notes the State party’s arguments that by failing to apply for leave to appeal to the Supreme Court and/or for compensation under the Administration of Justice Act, the complainant has not exhausted domestic remedies. In the complainant’s view, both remedies would have been ineffective, as an application for leave to appeal is only a “theoretical possibility” and, in an application for compensation, she could not have invoked her rights under the Convention. On the issue of compensation, the Committee is not persuaded that, in the circumstances of the case, compensation was a remedy that the complainant should have pursued for the purposes of exhausting domestic remedies. As to an application for leave to appeal, the Committee observes that although the complainant claims that an application for leave to appeal may only have been a theoretical possibility, she does concede that leave to appeal has been granted in several cases. The Committee considers that mere doubts about the effectiveness of a remedy do not absolve the complainant from seeking to exhaust such a remedy. For this reason, the Committee finds that the complaint is inadmissible for failure to exhaust domestic remedies, as required under article 22, paragraph 5 (a), of the Convention. 7.Accordingly, the Committee decides: (a)That the complaint is inadmissible; (b)That this decision may be reviewed under rule 109 of the Committee’s rules of procedure upon receipt of a request by or on behalf of the complainant containing information to the effect that the reasons for inadmissibility no longer apply; (c)That this decision will be transmitted to the complainant, her representative and the State party. Notes Communication No. 225/2003 Submitted by:R.S. (represented by the law firm Henrik Christensen,by Mr. Hans Mogensen)