EL HASKI v. BELGIUM JUDGMENT
35
Imprisonment, adopted by the United Nations in 1975, and the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment”. It pointed out that at the Témara centre, where most prisoners
were taken after their arrest, ill-treatment, violence and torture were
common practice. The cells, situated in the basement, were lit day and night
and when they moved around, as well as during interrogation, which often
lasted a very long time, the suspects were blindfolded. It added that insults
and blows were commonplace, with prisoners under interrogation
sometimes being stripped naked, and that several cases of electrical torture
and rape had been reported. A number of prisoners had signed statements
under torture. The FIDH also reproduced various detailed testimonies
describing the poor conditions of detention and mentioning, in particular,
beatings, blows, rape, cigarette burns, insults, humiliations, spitting, threats,
blackmail, placement in solitary confinement, endless questioning, sleep
deprivation and denial of medical care (see paragraph 55 above). Amnesty
International gave a similar description of treatment inflicted on detainees at
the Témara centre. It indicated that many former prisoners had complained
of being tortured or ill-treated during interrogation sessions, in an attempt to
extract confessions or information from them or to force them to sign or
thumb-print statements which they rejected or denied. It added that in many
cases the statements had been signed or thumb-printed after the detainees
had been transferred from Témara to a police station, where they were
threatened with being returned to Témara and with further torture should
they refuse to comply (see paragraph 55 above).
99. In the Court’s view, the foregoing information, which emanates from
diverse, objective and concurring sources, establishes that there was, at the
material time, a “real risk” that the impugned statements had been obtained
in Morocco using treatment prohibited by Article 3 of the Convention.
Article 6 of the Convention thus required the domestic courts not to admit
them in evidence, unless they had first verified, in view of elements specific
to the case, that they had not been obtained in such manner. As indicated
above, in dismissing the applicant’s request for the exclusion of those
statements, the Brussels Court of Appeal merely found that he had not
adduced any “concrete evidence” that would be capable of raising
“reasonable doubt” in this connection.
This is sufficient for the Court to find that there has been a violation of
Article 6 in the present case, without it being necessary to ascertain whether,
as the applicant contends, that provision has also been breached for other
reasons.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents