annulled the stay of proceedings, allowing them to
continue, and called for an expert report to be
prepared. Mrs. Blanco Abad did not appeal against
the examination authorized; neither did she insist on
other investigations. The medical examiner
submitted his report on 22 November 1994. On 4
April 1995, Court N° 44 issued an order which gave
a detailed account of the medical tests conducted and
concluded with the decision to shelve the
proceedings definitively.
and while being held at the police stations. The
Criminal Division, in view of the abundant and
always detailed testimony offered not only by the
accused but also by the witnesses called,
acknowledges that this might have occurred. Hence
its decision to take no account of the statements to
the police, which are invalid.”
4.2 The author argued that the only evidence
against her were the pleas entered by two codefendants, her husband, Mr. Josu Eguskiza, and
Mr. Juan Ramón Rojo, which incriminated her, and
that, notwithstanding the view of the National High
Court, which found them valid, they were obtained
by means of mistreatment and torture, and stemmed
directly from the statements to the police that had
been declared void.
3.4 The State party submitted that from 9
September 1994, when Mrs. Blanco Abad applied in
writing for the stay to be revoked, up to the
aforementioned order to shelve the case definitively,
the record shows not a single written communication
from Mrs. Blanco Abad calling for an investigation
or presenting any evidence.
4.3 The author indicated that on 2 February 1992,
she made a statement to the investigating magistrate
without being able to consult a lawyer, not even the
duty counsel, and that although the official record
mentioned the lawyer designated by her, he was not
able to attend until the accused’s statement had been
finalized. The record showed that, responding to the
first question put to her, she “neither said nor
confirmed in her statement to the Guardia Civil”,
that she belonged to or had collaborated with ETA.
She also related that while on Guardia Civil
premises she was mistreated. In particular, she said
she had been struck with a telephone directory, had a
bag put over her head and electrodes on her body,
had been forced to undress and had been threatened
with rape. She also claimed to have been forced to
stand for long periods against a wall with her arms
raised and legs apart while being struck from time to
time about the head and genitals, and receiving all
manner of insults.
3.5 On 19 April 1995, Mrs. Blanco Abad applied
for reconsideration of the earlier decision to shelve
the proceedings. On 19 May 1995 Court N° 44
turned the application down. On 5 September 1995
the Provincial High Court in Madrid also rejected
the appeal. On 6 October 1995 Mrs. Blanco Abad
applied for a remedy of amparo before the
Constitutional Court, emphasizing the subjective
evaluation of the medical examinations. The
Constitutional Court considered the judicial
decisions in question and pronounced them wellfounded, with reasoning that could “not be
challenged as manifestly unreasonable or arbitrary”.
3.6 The State party pointed out that less than 15
months had elapsed between the reopening of the
investigation and the Constitutional Court’s decision.
The investigation had been reopened for six months,
and during those six months Mrs. Blanco Abad
neither took any action nor submitted anything at all
in writing. The remaining nine months were taken up
with the application for reconsideration, the appeal
before the High Court and the amparo proceedings
before the Constitutional Court.
4.4 The author submitted that the medical
examinations she underwent while detained
incommunicado were superficial checks, and that not
even her vital signs were measured. There was no
assessment of her nervous state, and she was not
asked about the kind of threats and insults to which
she had been subjected; the conclusion was that she
bore no signs of violence. The doctor put in her
report that the detainee reported not having slept,
having been beaten, and having been forced to
remain naked. Despite this, she concluded that the
author was in a suitable physical and mental
condition to make a statement. Only on 3 February
1992, in prison, the author said, was any medical
evidence of maltreatment found on her person, when
three bruises were discovered. In this connection, the
author refers to a June 1994 report by the European
Committee for the Prevention of Torture illustrating
the superficiality of the reports drawn up by doctors
attached to the National High Court.
3.7 For the above reasons, it was submitted that
Mrs. Blanco Abad’s representations, over two years
after the event, in investigations instituted in
response to an official act, had been promptly and
impartially examined. The State party therefore
submits that no violation of article 13 of the
Convention has occurred.
Author’s comments
4.1 In her comments on the State party’s
submission, the author stated that by decision of the
National High Court dated 26 December 1995, she
was sentenced to seven years’ ordinary
imprisonment and a fine. The judgement observes:
“The defence initially sought annulment and
suspension of the judgement on the grounds of the
torture undergone by the accused during detention
38
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