Decision on admissibility
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.
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.
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.
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. */ All persons handling this document are requested to respect and observe its confidential nature.