authorities." It is argued that the deliberate obstruction of the extradition process violated the complainant's rights under article 13 of the Convention to have his case examined by competent authorities and to obtain compensation under article 14 of the Convention. 3.3 The complainant also invokes article 9, paragraph 1, of the Convention, which stipulates that "States Parties shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any of the offences referred to in article 4 ". It is argued that Spain's handling of the extradition process failed to meet this requirement. Observations by the State party 4.1 By note verbale of 6 February 2001, the State party submitted its observations, challenging admissibility on several grounds. 4.2 The State party considers the communication inadmissible because the complainant lacks the quality of "victim" and explains that in the Spanish judicial proceedings that led to the request by Spain for the extradition of General Pinochet, the complainant was involved not as a victim or as a civil party to the proceedings, but rather in his capacity as a witness. In this connection the State party quotes the original complaint which stated that "the witness can be interrogated about the general practice of torture against Spanish citizens and citizens of other countries". 4.3 The State party further argues that the communication is inadmissible because of non-exhaustion of domestic remedies, since at the time of submission the complainant was in the process of appealing certain Resolutions. Moreover, it is stated that the complainant failed to appeal to the Constitutional Court (Tribunal Constitucional) by way of amparo. It is submitted that appeals inamparo are effective remedies in Spain, and have been successful in many other cases of Resolutions dismissing complaints. 4.4 By note verbale of 5 June 2001 the State party reiterates the arguments contained in its earlier submission and submits that the complaint should be declared inadmissible because it falls outside the scope of the Convention, bearing in mind that (1) the complainant does not claim to be a victim of torture perpetrated by the Spanish authorities, (2) the complainant did not claim to be a victim of torture in the Spanish proceedings against General Pinochet. In this sense, the State party adds that the complaint is in the nature of a laboratory case in order to test the scope of the Convention. The State party submits that the communication is manifestly ill-founded, as the articles of the Convention do not impose such far-reaching obligations on State parties, and certainly not on State parties in whose territory the person accused of torture is not found. Moreover, with regard to a right to compensation under article 14 of the Convention, the State

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