them. The author's claim that his right to physical integrity had been violated was therefore completely unfounded. The complaint 3.1 The author claims that the facts amount to a violation by Spain of article 12 of the Convention because the judicial authorities failed to conduct a prompt and impartial investigation despite the fact that there were reasonable grounds to believe that acts of torture or ill-treatment had been committed. Neither the author nor the witnesses nor the doctor who had testified to the assault was questioned. Moreover, the procedure envisaged in domestic legislation for the crime of torture had not been followed. 3.2 The author does not share the view of the judicial authorities that it was his inaction that determined the outcome of the legal proceedings. He considers that there was a violation of article 13 of the Convention, according to which it is enough for the victim simply to bring the facts to the attention of an authority of the State. Article 13 does not require the formal lodging of a complaint (a step that had been taken in his case) or an express statement of intent to institute and sustain a criminal action arising from the offence. The State party's observations concerning admissibility 4. In its statement of 8 June 2000, the State party notes that the author did not indicate at any stage that the procedure for serious offences was to be applied to his complaint. On the contrary, at the minor-offence proceedings his counsel requested that his complaint against the police should be joined thereto. That means that he consented to his case being dealt with in the context of minor-offence proceedings. Court No. 6 summoned the author to attend the minor-offence proceedings "as complainant and defendant". However, neither he nor his counsel turned up for the proceedings at which all the evidence and findings were to be presented. Responsibility for failure to support a complaint and to present a defence against charges therefore lies with the person who failed to appear. Following his failure to attend, the author neither entered a plea nor submitted a document challenging the minor-offence procedure. It was only on appeal that the author complained, for the first time, of the failure to apply the procedure for serious offences to his complaint. But that charge was inconsistent with his previous conduct and was also untimely, since it was not filed in time or in due form, although the author had enjoyed the assistance of counsel from the outset. The communication should therefore be declared inadmissible on the ground of failure to exhaust domestic remedies. The author's comments

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