CAT/C/59/D/686/2015
2.6
On 20 August 2009, the complainant was allegedly forced to sign a statement
declaring himself guilty of all the charges presented against him. On 21 August 2009, the
public prosecutor agreed to have him examined by a psychiatrist. The complainant told the
psychiatrist that he had pleaded guilty for fear of being subjected to further acts of torture
and solitary confinement. The complainant alleges that, according to the psychiatrist’s
report, he was suffering from serious psychological problems, including hallucinations
caused by the isolation he had been subjected to, and she prescribed him the antipsychotic
Zyprexa. The complainant claims that the psychiatrist’s report had been amended to read
that the Chief of the prison’s psychiatry service had prescribed the medicine. The
complainant further maintains that on 25 August 2009 he was allowed by the public
prosecutor to receive visits from his lawyer and to call him. However, his lawyer only
visited him during his detention at La Farera and did nothing regarding the torture he had
suffered, even when the police threatened him in his presence.
2.7
The complainant asserts that on 10 July 2010 he complained about his conditions of
detention and about the fact that he had not been seen by a doctor. On 11 July 2010, he was
seen by a specialist. The complainant claims that the doctor withheld important information
about the torture he had suffered and that his request to be examined by another doctor was
never addressed by the Public Prosecutor’s Office.
2.8
The complainant alleges that on 23 February 2010 the Cantonal Criminal Court in
Lugano convicted him to six years of imprisonment for crimes he did not commit. He
considers that various irregularities took place during the proceedings. The Public
Prosecutor’s Office requested that an expert psychiatrist write a report; that report
contradicted the one dated 21 August 2009. Both reports were reviewed by yet another
expert, who indicated that an additional psychiatric report was necessary. However, the
complainant’s lawyer refused to allow that expert to participate in the procedure.
2.9
The complainant submitted a complaint to the former Prosecutor General of Ticino
alleging violations of several of his rights. He alleges that he was then taken to a secret
location, where he was tortured and forced to write an appeal pleading guilty and asking for
a reduction in his prison term. On 10 April 2010, he sent an application to the High Court
of Cassation, in which he explained that he had submitted the appeal under torture. He also
asked for a lawyer and sent another complaint about the torture to the Attorney General of
Ticino. He then had a telephone conversation with the president of the High Court of
Cassation, who assigned him a lawyer.
2.10 On 30 June 2010, the complainant’s lawyer submitted an appeal to the High Court
of Cassation. The lawyer entered a guilty plea on his behalf and asked for a reduction in the
prison term without his consent. On the same day, the lawyer decided not to represent his
client anymore and informed him of his decision on 6 July 2010. The complainant therefore
filed a complaint before the Ticino Public Prosecutor’s Office against the lawyer and on 7
July 2010 sent a registered letter to “the higher court” rejecting the appeal that had been
submitted, mentioning again the acts of torture he had been subjected to by Swiss State
agents. The complainant received a letter from “the higher court”, with the public
prosecutor’s observations against the appeal submitted by the lawyer, and a request for the
complainant’s observations on the matter. Instead of replying to the request, on 29 July
2010 the complainant sent a certified letter to the President of “the higher court”
denouncing the situation and asking for his acquittal. However, on 30 September 2010, the
“higher court” took its decision based on the appeal submitted by the lawyer. In November
2010, the complainant submitted another complaint to the Prosecutor General of Ticino and
to the Council of Magistrates of Ticino, but he never received a reply.
2.11 On 16 January 2011, the complainant requested information from the director of La
Farera about the imprisonment regime to which he was being subjected. On 19 January
2011, he was informed that he had been placed under a special regime, in compliance with
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