E/CN.4/1995/34
page 126
No complaints were filed with the judicial authorities except in the case of
José Lasarte Garmendia; this was being investigated by judge number 5 of
San Sebastián.
657. Juan Carlos Ruiz de Viñaspre was arrested on 26 April 1993 at his home
in Gasteiz. During 31 hours of interrogation at Gasteiz National Police
station, he was reportedly punched and slapped on the head, stomach,
testicles, ears and neck. He was also allegedly forced to do press-ups to the
point of exhaustion and was subjected to threats, including by having a gun
put to his throat and his head. Following his release without charge, he
lodged a judicial complaint. The Government replied that Mr. Ruiz was
arrested on 26 April 1993 at 00.05 hours. At 21.15 hours he was visited by
the forensic physician and the judge. On 27 April 1994 at 04.10 hours he was
subjected to interrogation for the first time and in the presence of a lawyer
and at 05.00 he was released. He was never subjected to ill-treatment.
658. Francisco Barandalla Iriarte was arrested on 16 May 1993 at
Etxarri-Aranatz (Navarra). At the Civil Guard barracks at Altsasu, he was
allegedly struck on the back with a hard object, as a result of which he had
to be treated at a health centre. The corresponding medical report noted the
presence of "extensive bruising in the dorsal area". He was released without
charge on 18 May and he filed a judicial complaint on 25 May 1993.
659. With respect to this case, the Government replied that the allegations of
ill-treatment were false and that Mr. Barandalla never filed a complaint with
the judicial authorities. At the moment of his arrest he resisted and the
Civil Guards had to use force. On the other hand, it is not true that he was
released without charges; in fact, he was subsequently sentenced to 12 months’
imprisonment.
660. Euken Garmendia Martínez was arrested on 23 September 1993 at his home
in Urnieta by members of the Civil Guard who reportedly took him first to the
Antiguo barracks and subsequently to the Tres Cantos command post. He
allegedly received blows to the testicles, head, neck and back, was obliged
to do press-ups and had a plastic bag placed over his face. He was released
without charge on 26 September 1993 and subsequently lodged a judicial
complaint alleging torture.
661. Pablo Aperribay Bediaga was arrested on 17 July 1993 in Basauri, Viscaya,
by members of the Ertzainta autonomous police force. He reportedly received a
beating at the Galdakano police station, as a result of which he had to be
transferred to the hospital where he was given a surgical collar. The
following day, he was released without charge and he subsequently lodged a
judicial complaint alleging torture.
662. With respect to this case, the Government sent a number of documents
referring to the circumstances in which Mr. Aperribay was arrested. According
to them, he resisted and caused injuries to a member of the police. It was
therefore necessary to use force, as a result of which he was injured in both
arms and the left leg. He was subsequently taken to a clinic.
663. Ismael Berasategui was arrested on 4 September 1993 at a road block
set up by the Civil Guard at Alto de Arlabán, Alava, and was subsequently
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