CAT/C/29/D/193/2001 page 20 violence and the questioning take place continuously, day and night, without let-up; the methods customarily used by the members of the Spanish security forces, separately or in combination, cause pain and acute physical and/or mental suffering and can be described as torture within the meaning of article 1 of the Convention against Torture. They include: repeated beatings, electric shocks, la bolsa (asphyxiation using a plastic bag placed over the head), exhausting physical exercise, deprivation of sleep and/or food, sexual abuse, including rape, humiliating and degrading treatment, constant threats and insults against the individual and/or his or her family; “(c) When the detainee’s physical resistance and morale have been broken and destroyed, the required statements are dictated by the interrogators and the detainee must learn them by heart; a number of sessions are held to ensure that the person will make the statement required. If the person resists or does not make the required statement before the court-appointed lawyer, the torturers threaten the person being questioned with further or resumed torture. In particular, before the “official” statement is made, the person is threatened with further torture if he or she does not recite the “lesson” to the letter when making the statement in the presence of the court-appointed lawyer. If the statement is not “right”, the torture starts again until the torturers obtain the result they desire. “[…] In these circumstances, it has been established that the presence of a court-appointed lawyer while official statements are being made before the Spanish security forces by no means constitutes sufficient protection that will guarantee that the statement has been made freely. Moreover, whenever persons have been tortured in Spain while in custody, they have made such statements in the presence of a court-appointed lawyer, which has never prevented torture from taking place or the statements from being obtained as a result of violence. In addition, the totality of the testimony and the observations of human rights protection bodies show that the court-appointed lawyer displays a passive attitude and that, even if the person being questioned bears traces of ill-treatment or appears disoriented and extremely tired, the court-appointed lawyer in most cases fails to report the fact.” 7 The State party does not mention the existence of another, earlier “first” extradition request, which the complainant refers to in paragraph 2.2. -----

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents