A/HRC/4/33/Add.3
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49.
This detainee underwent a cursory medical examination when he was first interviewed
on 28 June and later a thorough medical examination conducted by two forensic doctors from the
National Institute of Forensic Medicine in Amman. His feet were prominently swollen and there
was fresh red-purple bruising to the upper surfaces of both feet but not to the soles. Both wrists,
but most prominently the right, showed scattered areas of bruising and abrasion typical of
pressure from handcuffs, repeated with the cuffs in different positions. Immediately above and
below the crooks of both elbows was an unusual pattern of repeated fresh pink horizontal linear
bruises. Taken together these injuries with their unusual pattern are strongly corroborative of the
allegation of suspension with the arms looped through the bars so that the horizontal rectangular
element of the bar structure pressed against the crooks of the elbows. When he was first
interviewed in his cell the detainee illustrated how his arms had been looped through the bars in
this manner during suspension. On the left side of the abdomen were discontinuous linear red
bruises consistent with the allegation of repeated blows. Bruising was also present on the right
side of the neck and the outer aspect of the left lower thigh. It is difficult, if not impossible, to
conceive of how the injuries to this man could have been inflicted other than in the very specific
manner alleged.
50.
The Special Rapporteur established beyond any reasonable doubt a serious case of
torture, which had happened during the week of his fact-finding mission. The evidence was
corroborated by a witness (see below), his own forensic doctor, and by two forensic doctors from
the National Institute of Forensic Medicine in Amman.
51.
The Government informed that:
… He was arrested on 24 June 2006 on suspicion of having robbed the Hijazi and
Gawsha food company in the Marqa area and having stolen 100,000 dinars from the
company’s iron safe. (It should be mentioned that he had a previous record for robbery
and other offences.) He was detained so that further questioning could be carried out.
While he was being processed, two criminal investigators beat him, in breach of the strict
instructions issued to all general security officers that they must not use coercion during
questioning and must stick to lawful investigation methods when dealing with any kind
of case. Zahir was sent for a medical examination and the initial medical report
concluded that his general health was good and that he had not sustained any fractures or
serious injuries. When questioned, he asked for no charges to be brought against the two
culprits. The commission of inquiry decided to refer the two culprits to the police court
to be tried for: conspiracy to wound, in violation of article 334 of the Penal Code and
pursuant to article 76 of the same Code; and disobeying orders and instructions, in
violation of article 37, paragraph 4, of the General Security Act.
52.
Hikmat Adnan Ibrahim Sarih, aged 34. On 27 June 2006, he was arrested and
brought to CID. He reports that he had only been interrogated on the day of the Special
Rapporteur’s visit for only five to seven minutes, and was not ill-treated. He reported that he
was detained at CID at the time Mr. Al-Reesh was interrogated. While he had not witnessed the
torture on 26 June, he heard him screaming from the interrogation cell. Following the beatings,
which he estimated lasted about two hours, he and another prisoner were instructed to assist
Mr. Al-Reesh back to his cell. He reported that Mr. Al-Reesh was “completely broken”; his face
was swollen and bloody, he could not move his arms, and he could not walk because his feet
were badly swollen.
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