Communication No. 212/2002
Submitted by:
Mr. Kepa Urra Guridi (represented by counsel, Mr. Didier Rouget)
Alleged victim:
The complainant
State party:
Spain
Date of complaint:
8 February 2002
The Committee against Torture, established under article 17 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 17 May 2005,
Having concluded its consideration of complaint No. 212/2002, submitted to the
Committee against Torture by Mr. Kepa Urra Guridi under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Having taken into account all information made available to it by the complainant, his
counsel and the State party,
Adopts the following decision under article 22, paragraph 7, of the Convention.
1.
The complainant, submitted on 8 February 2002, is Kepa Urra Guridi, a Spanish national
born in 1956. He alleges that he is a victim of a violation by Spain of articles 2, 4 and 14 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The complainant is represented by counsel, Mr. Didier Rouget.
The facts as submitted
2.1
On 22 January 1992, the Spanish Civil Guard launched a police operation in
Vizcaya Province to dismantle the so-called “Bizkaia combat unit” of the organization
Euskadi Ta Askatasuna (ETA). In all, 43 people were arrested between then and 2 April 1992;
many of them have reportedly been tortured and held incommunicado. The complainant was
arrested on 22 January 1992 by Civil Guard officers as part of these operations.
2.2
The complainant alleges that, in the course of his transfer to the Civil Guard station, the
officers took him to open ground where they subjected him to severe abuse. He was stripped,
handcuffed, dragged along the ground and beaten. He states that after six hours of interrogation,
he had to be taken to hospital because his pulse rate was very high, he could not speak, he was
exhausted and unconscious, and was bleeding from his mouth and nose. The hospital doctors
ascertained that he had injuries to his head, face, eyelids, nose, back, stomach, hip, arms and
legs. He also had a neck injury which left him unable to move. The complainant maintains that
this serious ill-treatment can be categorized as torture within the meaning of article 1 of the
Convention.
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