E/CN.4/1991/17
page 50
152. On 10 August 1990, the Special Rapporteur sent a letter to the Spanish
Government transmitting information concerning Mr. Henri Parot Navarro,
aged 32, of French nationality, who was arrested by members of the National
Guard on 2 April 1990 in Seville and accused of collaborating with ETA. He
was held incommunicado for five days, first in the Civil Guard barracks in
Seville and later in the Civil Guard barracks in Madrid. During this time, he
was reportedly subjected to torture and ill-treatment, including beatings,
suffocation and being made to stay awake. On 7 April 1990, he was transferred
to Carabanchel Prison in Madrid and, on 10 April 1990, to Herrera de la Mancha
Prison in Ciudad Real, where he is still being held. In both prisons, he was
kept in a small isolated cell and subjected to ill-treatment. According to
the sources, Mr. Parot was brought on 7 April 1990 before Central Criminal
Court No. 4 of the National High Court, where he complained of the torture and
ill-treatment he had suffered. On 11 April 1990, he repeated his complaints
to a French judge in the same court.
153. On 10 September 1990, the Spanish Government informed the Special
Rapporteur that Mr. Parot Navarro was arrested in Seville on 2 April 1990
during a road check when he was driving a car full of large amounts of
explosives and battery clocks to be used as detonators. When he was arrested,
he put up a fight and fired a shot, wounding a Civil Guard. It is also
reported that: "As stated below by the forensic physician of Examining Court
No. 17 in Seville, not only was there no sign that he had been subjected to
torture or ill-treatment, but the report expressly recognizes his good
physical condition and his statement that he was not ill-treated. On
3 April 1990, he was examined again by the forensic physician of Court No. 4,
who found no signs of torture or ill-treatment. According to file No. 7
of 1989 of the above-mentioned Court, a further examination of Parot Navarro
by the forensic physician of Court No. 4 on 5 April 1990 showed no signs of
torture or ill-treatment. On 6 April 1990, he was again examined by the same
forensic physician and he continued to be in good health, without any signs of
torture or ill-treatment. At the end of his lengthy statement to the judge of
Central Court No. 4 in Madrid, Mr. Parot stated, in reply to the defence
counsel, that, while he was being detained, they put a plastic bag over his
head, pulled his hair, threatened him and his family with death and gave him a
syringe containing AIDS. From the time of his arrest and in accordance with
Spanish criminal procedure, he had the assistance of defence counsel. File
No. 7 of 1989 of Central Examining Court No. 4 does not refer to the
institution of proceedings in connection with the alleged terrorist's
statement that he was subjected to ill-treatment. This may be the result of
Mr. Parot's way of referring to the ill-treatment, the time at which he did
so, the nature of such treatment and the evidence of his good physical
condition in the various reports based on the examinations made by the
forensic physicians in Seville and Madrid. With regard to the allegation that
Mr. Parot was held in a small isolated cell and was subjected to ill-treatment
in prisons, the complaint is also not true. As the attached reports show,
Parot Navarro never complained of ill-treatment and there is no sign that can
be taken as constituting ill-treatment. On the contrary, Parot Navarro is
being given preferential treatment and, as a result of a specific suicide
prevention programme, he has been recovering from the depression from which he
was found to be suffering when he went to prison. This preferential treatment
is also obvious from the fact that he is moved from one cell to another so.
that he will not be bothered by the noise made by the outside guards when they
change shifts".
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