CAT/C/20/D/59/1996
page 8
The findings of this examination reached the High Court of Madrid on
13 February for distribution. On 17 February they were delivered to Court of
Investigation No. 44. On 21 February Court No. 44 issued an order to begin a
preliminary investigation and sent an official letter to the Director of the
Penitentiary Centre ordering the author to appear on 7 March. She did not
appear on that date, and on 9 March a new summons was issued for 13 March.
On 13 March the author made a statement and the offer of recourse was made to
her. On that same date the Judge authorized an application to Central Court
of Investigation No. 2 of the National High Court for official copies of the
records of the medical examinations carried out by the forensic medicine staff
of that Court. On 30 April, when these copies had still not been received,
the Judge sent an urgent reminder. The papers were delivered on 13 May. On
2 June the Judge requested the medical examiner of her Court to make a report;
this report was delivered on 28 July. On 3 August the Judge summoned the
medical examiner who had attended the author during her detention. On
30 October the Judge set the date of 17 November for receipt of the statement
of the medical examiner and also authorized an application for information
from the Penitentiary Centre about the time at which the author had been
examined and the development of the injuries. On 23 December the Penitentiary
Centre delivered the requested information. On 2 February the Judge issued
the shelving order.
6.4
These facts show that there was no tardiness or delay in the conduct of
the investigation. At no time did the author complain through the domestic
channels about delays in the preliminary investigation, either before or after
the temporary shelving order, once she had become represented in the
proceedings.
Comments by the author
7.1
In her comments on the State party's submission, the author maintains
that in the five forensic examinations she underwent during the more than
100 hours for which she was held incommunicado she indicated that she had been
subjected to maltreatment. The author encloses copies of the five medical
reports which were prepared. In the first it is stated that “she does not
mention physical ill-treatment, although she was kept hooded for many hours”.
According to the second, “she does not mention physical ill-treatment although
does speak of threats and insults”. In the third “the person concerned says
that she is very nervous, has not slept and has not received food. She
mentions having received ill-treatment consisting of blows to the head, but
there are no signs of violence”. The fourth says that “she mentions
ill-treatment consisting of blows, but there are no signs of violence”.
In the fifth “she mentions ill-treatment consisting of blows and of having
been kept undressed. No signs of violence are apparent upon examination”.
7.2
In her statement to Court of Investigation No. 2 of the National High
Court on 2 February 1992, the author spoke of having sustained many blows,
having had a bag put over her head until she nearly suffocated, of the use
of electrodes, threats and insults, and of having been forced to undress.
Notwithstanding, the judge did not automatically arrange for the competent
judicial authorities to investigate the complaints.