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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