10.3 The State party has denied that the alleged ill treatment took place and
has stated that Mr. Parot’s allegations were investigated by the prison and
court authorities with negative results.
10.4 The Committee notes that, in principle, article 13 of the Convention does
not require the formal submission of a complaint of torture. It is sufficient
for torture only to have been alleged by the victim for the state to be under an
obligation promptly and impartially to examine the allegation.
10.5 It is the Committee’s view that the State party considered and rejected
the allegation of torture made by Mr. Parot in the above-mentioned statement of
7 April 1990. The judgement of the Audiencia Nacional of 18 December 1990 dealt
expressly with the said complaint and rejected it on the basis of the five
medical examinations that were carried out at the time of the alleged torture
and the statements made by Parot himself to the Seville medical examiner, which
statements were never denied (see paras. 7.5 and 7.6 above).
10.6 The Committee considers that where complaints of torture are made during
court proceedings it is desirable that they be elucidated by means of
independent proceedings. Whether or not such action is taken will depend on the
internal legislation of the State party concerned and the circumstances of the
specific case.
10.7 There are no grounds for Mr. Parot or the author of the communication to
challenge the procedure followed in this case by the State party, since not only
did Mr. Parot have the benefit of full assistance by counsel during the trial
but he also made frequent exercise of his right to make other charges and
complaints, which were also considered by the authorities of the State.
11. The Committee against Torture therefore concludes that the State party did
not violate the rule laid down in article 13 of the Convention and it considers
that, in the light of the information submitted to it, no finding of violation
of any other provision of the Convention could be made.
[Done in Spanish, French, English and Russian, the Spanish version being the
original.]
Notes
1/
In accordance with rule 104 of the Committee’s rules of procedure,
Mr. Hugo Lorenzo did not take part in the consideration of this communication or
in the decision concerning it.
2/
CAT/C/7/D/6/1990, decision on admissibility dated 12 November 1991.
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