5.1 The author reiterates the fact that there was never a prompt, serious and impartial investigation as required by the Convention, although he had lodged a complaint with the judicial authorities together with a medical report confirming that he had received multiple blows and bruises. He explains that the Spanish Criminal Code makes clear distinctions in its definitions between the serious offence of torture (art. 174) and the minor offence of assault (art. 617). In particular, the offence of torture is punishable by a prison term of two to six years and disqualification of the official for two to four years, while the offence of assault is punishable only by detention for three to six weekends or a fine. According to the author, for the purposes of the Convention the serious, prompt and impartial investigation required should be conducted in respect of the offence of torture and not that of assault. Otherwise, the protection against torture that the Convention seeks to guarantee would be ineffective. He also notes that the procedure for serious offences is different from that for minor offences. In the former case, the investigation is carried out by investigating judges and the prosecution by criminal courts or provincial high courts, while cases involving minor offences are decided by the investigating judges themselves. 5.2 The author further states that the judgement of the Provincial High Court completely disregarded the Convention despite the fact that he had invoked it in his appeal. Moreover, the argument on which the judgement is based is incompatible with the Convention, which does not require the investigation to be conducted by the victim himself, especially when he has submitted a complaint, a document which, according to the Committee's jurisprudence, is not even necessary for the conduct of a prompt and impartial investigation. Lastly, the author contests the State party's argument about the untimeliness of the complaint, claiming that the appeal was an appropriate means of remedying the lack of a serious, prompt and impartial investigation. The Provincial High Court demonstrated a lack of impartiality by distorting the legal framework applicable to a criminal act which the organs of State are required ex officio to prosecute. The author concludes that all available legal remedies have been exhausted, including the amparo application to the Constitutional Court. Issues and proceedings before the Committee 6.1 Before considering any claims contained in the communication, the Committee against Torture 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. The Committee notes

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