7.6 With regard to the appearance before the investigating judge on
7 April 1990, the State party submits that the judge stated on 7 November 1994
that during the hearing Mr. Parot showed no sign of being nervous, tired or
exhausted, and that no complaint was made by the lawyer who represented him.
The State party further refers to the judgement by the Audiencia Nacional, dated
18 December 1990, in which the allegation of maltreatment made by Parot during
the hearing on 7 April 1990 is found to be without merit. The judge considered
that none of the five State-appointed lawyers, who were alternating to assist
Parot during the interrogations, observed any irregularity, that the medical
reports refer only to bruises caused at the time of Parot’s arrest (the judge
recalled that Parot was arrested after having fired 15 shots at the policemen
present and that they had to use force to arrest him), that Parot himself had
declared to the medical doctor who examined him that he was not ill treated
which declaration had not been denied, that he only made the allegation at the
hearing at the end of his statement, after a specific question from his lawyer,
and, finally, that the allegations conflict with the observations of the judge
at the hearing.
7.7 With regard to the claim that Mr. Parot was visited by a female examining
magistrate in the prison of Alcalá-de-Henares who asked him whether he wished to
maintain his complaint about ill treatment, the State party submits that a
(male) investigating magistrate visited Parot in prison on 18 May 1991, for the
purpose of notifying him of the order initiating criminal proceedings against
him and hearing his answer to the charge, and that Parot, having waited for his
lawyer to arrive, stated that his statements had been obtained through torture.
The State party emphasizes that this claim cannot be seen as a formal complaint
of maltreatment, and that a similar claim had already been ruled on by the
Audiencia Nacional in the same preliminary investigation on 18 December 1990
(see above).
7.8 Finally, the State party points out that the written conclusions of counsel
for Mr. Parot, regarding the preliminary proceedings on 20 January 1992 make no
reference to ill treatment. In its judgement of 18 June 1993, the Juzgado
Central de Instrucción finds that Mr. Parot does not appear to have been
subjected to ill treatment.
8.1 In her comments, dated 27 January 1995, the author contests the State
party’s claim that she is an instrument of the ETA, and maintains that she
addressed a communication to the Committee only out of concern for the wellbeing of her brother. She states that those persons who claim to have seen her
brother during the first days of his detention and who maintain that they did
not observe any sign of ill treatment are actually accomplices in the torture.
She denounces as propaganda the State party’s statement that ETA members are
under instruction to make allegations of torture.
8.2. The author further states that any vagueness in her statements is due to
the fact that she lives in France, which makes contact with her brother and his
lawyers difficult.
8.3 With regard to the visit to the prison on 28 May 1991, the author states
that she never denied that a male investigating magistrate visited her brother
in prison on that day, but adds that on the same day another visit was made by a
judge of the Juzgado No. 3 de Alcalá-de-Henares, Mrs. Isabel Fernandez, upon
request by the tribunal of first instance (Juzgado de instrucción) No. 2 of
Manzares, to whom Parot officially complained of torture.
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