8.4 She explains that research in Manzares has shown that a complaint was made
on 21 and 28 April 1990 on behalf of Parot to the tribunal of first instance
No. 1 of Manzares about Parot’s detention incommunicado and about an incident
during which Parot was beaten while on his way to the shower. On 16 May 1990,
Parot made a statement in prison, confirming the complaints made on his behalf.
A medical certificate stated that Parot showed bruises on the right arm and leg.
Furthermore, on 11 May 1990, an investigation was opened by the tribunal of
first instance No. 2 of Manzares, following detailed charges made by Parot
before a judicial commission that he was tortured upon his arrest. On
10 January 1991, the two investigations were joined. On 21 May 1991, the
Juzgado No. 3 of Alcalá-de-Henares received a request to hear Parot on the
matter, and the magistrate interviewed Parot in prison on 28 May 1991. The
author claims that in the end the investigating magistrate of tribunal No. 2 of
Manzares decided to file the case, and to decide only on the complaint related
to the shower incident and stating that Parot’s declarations did not show any
criminal liability of known persons.
8.5 The author states that her brother was never informed of the outcome of the
investigation and has not received copies of the relevant documents. She
contends that this has made it difficult for her to verify the facts in the
case.
8.6 The author expresses surprise at the statement made by one of the Stateappointed lawyers who were present during her brother’s interrogations. The
author contests the truthfulness of the State lawyer’s statement and explains
that Spanish law allows detention incommunicado for up to five days of persons
suspected of terrorism, excluding assistance of a freely chosen lawyer and
requiring the presence of a State-appointed lawyer during the making of
statements. According to the author, the law also precludes contact in private
between the detainee and the lawyer. She therefore concludes that it is
questionable that Parot met with the lawyer, only to tell him that he had been
well treated. In this context, she affirms that her brother denies having had a
private meeting with a lawyer during his detention.
Consideration of the merits:
9.
The Committee considered the communication in the light of all information
made available to it by the parties, in accordance with article 22, paragraph 4,
of the Convention.
10.1 By its decision of 26 April 1994, the Committee held that the
communication was formally admissible, as it raised the question of possible
responsibility of the State party under article 13 of the Convention, which
provides as follows:
"Each State party shall ensure that any individual who alleges he has
been subjected to torture in any territory under its jurisdiction has the
right to complain to, and to have his case promptly and impartially
examined by, its competent authorities ..."
10.2 In the case under consideration the author of the communication states
that, on 7 April 1990, on concluding his statement before Juzgado Central de
Instrucción No. 4 of the Audiencia Nacional of Madrid, her brother Henri Parot
complained that he had been tortured by the Guardia Civil on the days
immediately following his arrest, and that this complaint was never considered
by the authorities of the State party.
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