The State party’s observations on the merits and author’s comments:
7.1 By a communication of 29 November 1994, the State party submits that the
case of Mr. Parot was brought to the attention of the Special Rapporteur on
Torture of the United Nations Commission on Human Rights, who addressed a
request for information to the State party. The State party indicates that,
after it had provided information, the case was closed and no reference to the
case was made by the Special Rapporteur in his report to the Commission on Human
Rights.
7.2 The State party further contends that the communication submitted to the
Committee on behalf of Mr. Parot is extremely vague. It notes that no details
are provided about the alleged complaint before the judge in Alcalá-de-Henares,
and it expresses its perplexity that the Committee, in those circumstances, has
declared the communication admissible. In this context, it recalls that
Mr. Parot is "one of the greatest criminals of the century", that he was the
leader of a commando of the ETA, and that his false allegations have received
disproportionate attention, to the benefit of the ETA and in discrimination of
other citizens.
7.3 As to the merits of the communication, the State party indicates that
Mr. Parot has shown to be very familiar with the justice system in Spain, since
he has filed numerous complaints about prison conditions, all of which have been
dealt with, but that he never filed a formal complaint about ill treatment or
torture. The State party maintains that the members of the ETA are under
instruction systematically to claim hat they have been subjected to torture and
ill treatment. The State party adds that the judge at the preliminary inquiry
did not observe any injuries requiring investigation. The State party claims
that, if the allegations would have been true, Parot’s lawyer would certainly
have requested the judge to have this evidence referred to the competent judge
for investigation. In this context, the State party points out that Parot’s
lawyers never submitted any complaint of maltreatment in detention. Moreover,
the State party adds that one of Parot’s lawyers, on 22 June 1990, did file a
complaint about Parot having been insulted and beaten during transport within
Madrid. The State party argues that it is inconsistent, if the allegations were
true, to file an official complaint of one incident and not to file a complaint
of torture and maltreatment upon arrest.
7.4 The State party further states that Mr. Parot was examined by a medical
doctor on a number of occasions during his detention. It is submitted that the
first medical examination took place at a quarter past midnight on 3 April 1990,
and that only two minor bruises were found, and that Mr. Parot stated that he
had not been subjected to ill treatment. The second examination took place also
on 3 April 1990, after his arrival in Madrid, and again on 5, 6 and
7 April 1990. The State party transmits copies of the medical reports and
concludes that no signs of ill treatment were recorded.
7.5 The State party points out that, during this period, Mr. Parot never
complained about torture or maltreatment in any of the statements he made. The
State party points out that, while making these statements, Mr. Parot was at all
times in the presence of his State-appointed lawyer. The State party encloses a
declaration made by a lawyer who represented Parot during the first days of his
detention, stating that he was not aware of any ill treatment or torture having
been inflicted on Parot and that, on the contrary, Parot appeared to be in good
health and made his statements freely.
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