E/CN.4/2000/9/Add.5
page 16
who was examined by the forensic surgeon on the day of his arrest. On 28 and 29 March he was
again examined when he was transferred to hospital after “having attempted to injure himself”.
Assisted by an officially-appointed lawyer, he made a statement during his three days’ detention.
On 30 March 1998, assisted by an officially-appointed lawyer, he made a statement before
central examining court No. 1, according to which “he was subjected to physical and
psychological ill-treatment although the blow on his head was self-inflicted”. He was assigned
lawyers of his choice and made a statement before the judicial authorities on 20 October 1998
the record of which says, among other things, that “everything stated in these proceedings was
cooked up by the Civil Guard who beat and ‘bagged’ him … The statement made at the police
station was obtained by torture. The defence denies that the accused is a member of the ETA
group. The sentence handed down by the Criminal Division of the National High Court
on 24 June 1999 analyses allegations of the ill-treatment the three persons accused Armendáriz Izaguirre, Gómez Ezquerro and Echavarri Garro. The judge states that nothing in
the medical reports, confirmed by the forensic report during the oral proceedings, suggests that
they could have been ill-treated in order to obtain their statements”. The three persons
sentenced, assisted by their lawyers, have appealed to the Supreme Court.
73.
Peio De Vega Martín (ibid., para. 926) was arrested on 27 January 1998 and examined on
eight occasions during his detention. On 31 January he was examined by the forensic surgeon,
who stated that he did not complain of ill-treatment and did not show any signs of having been
ill-treated. The same day, assisted by a lawyer of his choice, he made a statement before the
judge according to which “on being asked about the way he had been treated by the Civil Guard
during his detention, he stated that he had been beaten and threatened”. The judge of central
examining court No. 5 sent him to prison without bail effective 31 January 1998. Vega Martín is
defended by his lawyers and proceedings are pending.
Tunisia
74.
By letter dated 24 December 1999, the Government responded to the allegations
communicated to it by the Special Rapporteur in September 1999.
75.
Concerning Ahmed Ben Salah Taboubi (see E/CN.4/2000/9, para. 1022), the
Government indicated that he had been involved in ordinary law cases and had not been
ill-treated.
76.
Concerning Hédi Sassi (ibid., para. 1023), the Government stated that during his
detention in the Tunis civil prison he had made himself conspicuous by his provocative attitude
towards the penitentiary administration by refusing to respect prison regulations and frequently
going on hunger strike. However, he was not subjected to any form of violence or abusive
treatment. This was confirmed by the investigations carried out following the complaint he
lodged with the Tunis court of first instance.
77.
Concerning Abdelmoumen Belanes, Béchir Abid and Ali Jallouli (ibid., para. 1024), the
Government stated that they had been arrested in December 1995 in possession of tracts likely to
cause a breach of the peace. They were not ill-treated during their questioning. The
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