OTHMAN (ABU QATADA) v. THE UNITED KINGDOM JUDGMENT
31
facial injuries, bruising and scarring. He maintained that his injuries were
witnessed by his brother-in-law, his cellmates and a representative from the
International Committee of the Red Cross. He also described how his
statement had been changed many times until the officials in charge where
satisfied with it. Afterwards, when he had been brought before the
Prosecutor and alleged he had been tortured, the Public Prosecutor refused
to listen. Letters were also provided which had been written by
Abu Hawsher’s lawyer to the applicant’s representative, Ms Peirce, which
summarised the steps the defence teams had taken to bring the torture
allegations made by various defendants to the attention of the State Security
Court, including the protests made by the United States Embassy
concerning the ill-treatment of one defendant, Mr Ra’ed Hijazi, a
US-Jordanian national (see also Amnesty’s report at paragraph 114 below).
The letter also stated that the defendants’ families had testified as to the
injuries they had seen.
104. The applicant also provided two statements on the trials by
Ms Refahi: that which had been before SIAC and her further statement of
7 February 2010. The first statement, of 5 May 2006, set out the results of
her interviews with defence lawyers and released defendants in each trial as
to the manner in which the defendants had been tortured and given
completed confession statements to sign. The torture was said to have
include beatings with belts and whips, sleep deprivation and the
administration of drugs to weaken resistance. She was told that, for false
confessions, in was the practice to have the detainee sign and fingerprint the
statement to prevent him retracting it later. Ms Refahi had inspected the
case file in each case: Abu Hawsher’s confession was fingerprinted.
105. The statement of 7 February 2010, summarised the results of a
further visit she had made to Jordan in September 2009, where she had
carried out further interviews with defendants and their lawyers. ‘Defendant
A’ in the Reform and Challenge trial said he had been tortured for ten days
(including through beatings on the soles of his feet) and questioned under
torture on two or three occasions. While being moved he had heard a voice
he recognised as belonging to another defendant; it was clear this defendant
was also being tortured. On the tenth day he signed a confession drafted by
the GID. On the eleventh day he was brought before the Public Prosecutor,
who had the GID confession before him. He then signed an identical
confession which had been drafted by the Public Prosecutor. There was no
more torture after this but, on subsequent occasions when he appeared
before the Public Prosecutor, the Prosecutor threatened him with further
torture. He had told the State Security Court that he had been tortured but
the court did not investigate. He was not medically examined until he had
been detained for five months.
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