|
| BEFORE: |
CHAIRMAN: Mr. Joseph Voyame (Switzerland)
VICE-CHAIRMEN: Mr. Alexis Dipanda Mouelle (Cameroon), Mr. Ricardo
Gil Lavedra (Argentina), Mr. Dimitar N. Mikhailov (Bulgaria)
RAPPORTEUR: Mr. Peter Thomas Burns (Canada)
MEMBERS: Ms. Christine Chanet (France), Ms. Socorro Diaz Palacios
(Mexico), Mr. Yuri A. Khitrin (Soviet Union), Mr. Antonio P. Perlas
(Philippines), Mr. Bent Sorensen (Denmark)
All the
members attended the seventh session of the Committee except Ms.
Socorro Dias Palacios |
|
|
| Applicant: |
L.B. |
| Respondent: |
Spain |
| |
|
| Perma
Link: |
http://www.worldcourts.com/cat/eng/decisions/1991.11.18_LB_v_Spain.htm |
| Citation: |
L.B. v. Spain, Comm. 9/1991, U.N. Doc. A/47/44, at 82
(CAT 1991) |
| Publication: |
Report of the Comm. against Torture, U.N. GAOR, 47th
Sess., Supp. No. 44, U.N. Doc. A/47/44, Annex V, at 82 (May 8, 1992) |
|
|
|
|
The Committee against Torture, established under article 17 of the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment,
Meeting on 18 November 1991,
Adopts the following:
Decision on admissibility
1. The author of the communication (dated 16 September 1991) is L. B., a
lawyer residing in Spain. He claims to be a victim of article 1 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment because of the degrading and humiliating treatment he
allegedly receives from Spanish judges and magistrates in retaliation for
having brought charges against them.
2. Before considering any claims contained in a communication, the Committee
against Torture must decide whether or not it is admissible under article 22
of the Convention.
3. Article 22, paragraph 2 of the Convention provides that the Committee
shall declare inadmissible any communication which it considers to be an
abuse of the right of submission, or to be incompatible with the provisions
of the Convention. The Committee observes that the treatment the author
complaints of manifestly does not fall within the scope of article 1 of the
Convention, which defines the term "torture", nor within the scope of
article 16, which refers to other cruel, inhuman or degrading treatment.
Thus the communication is inadmissible ratione materiae.
4. The Committee therefore decides:
(a) That the communication is inadmissible under article 22, paragraph 2 of
the Convention;
(b) That this decision shall be communicated to the author and, for
information, to the State party.
_____
*/ Made public by decision of the
Committee against Torture.
*/ All persons handling this document are requested to respect and observe
its confidential nature.
[Done in English, French, Russian and Spanish, the English text being the
original version].
|
|
