CCPR/C/125/D/2657/2015
rarely would leave permanent scars (para. 2.16). However, although such wounds may be
consistent with the author’s account, they are also consistent with other plausible causes.
This is particularly true since the forensic doctor who examined the author at the premises
of the Guardia Civil confirmed before Court of Investigation No. 2 that the wounds she had
observed did not match the author’s account (para. 2.16). Therefore, we have conflicting
medical reports.
11.
On December 2011, the High Court of Bizkaia dismissed the author’s appeal, noting
that he had not raised any procedural objection regarding the gathering of evidence during
the investigation stage and that there was insufficient evidence to continue the investigation
(para. 2.19).
12.
As for domestic remedies sought in relation to the alleged ill-treatment, in response
to the investigative court’s having archived the case the higher court ordered a continuation
of the inquiries, which led to a thorough investigation. On the basis of the evidence
gathered, the designated lawyer did not observe any signs of ill-treatment, which is why,
once the exhaustive collection of evidence had been completed, the investigative court
archived the case for lack of consistency in the statement, a decision upheld by the higher
court (para. 6.6).
13.
The incommunicado detention in the present case was executed under judicial
oversight and the author was examined by a doctor daily (paras. 6.10–6.12).
14.
The contradictory forensic medical reports do not seem to hint at repeated sessions
of ill-treatment to which the author claims to have been subjected, and lead me to conclude
that the author failed to sufficiently substantiate his claims of a violation by Spain of article
7 of the Covenant.
15.
Furthermore, I am of the view that Spanish judicial authorities investigated
thoroughly and on different occasions the author’s claims and found them to be unfounded
for lack of corroboration of his statement. I therefore also conclude that there was no
violation of article 2 (3) read in conjunction with article 7 of the Covenant.
GE.19-13559
15
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