CAT/C/20/D/59/1996
page 6
concerned, particularly the scalp and the genitals, unless the injuries were
extremely slight. When a person is beaten unconscious, there will very
probably be subsequent injuries, not only to the back and shoulders but to
other areas as well.” This opinion, combined with the National High Court
doctor’s lack of rigour in estimating the date of her injuries, led the court
to declare the case definitively shelved.
4.7
The author pointed out that the shelving order referred to the
impossibility of furnishing proof of any of the acts of aggression recounted,
which included blows to the head, kicks to the genitals, hair-pulling and loss
of consciousness. She emphasized that the kinds of violence she related do
not leave physical marks on the victim, and that neither any of the kinds of
psychological and sexual torture she alleged, nor most of the physical torture
(“bagging”, “hooding” and low-voltage electric shocks), leaves external signs
of injury on the body. She submitted that, while a victim’s testimony was not
in itself always enough to secure a conviction, it was nonetheless true that
such testimony, in cases where objective tests were not possible and there was
no reason to doubt its veracity, had sufficed in many instances to bring in a
guilty verdict when the following stipulations had been met: absence of
reasonable doubt, verisimilitude corroborated by circumstantial evidence, and
consistency in the charges. She stressed that no statements were taken from
the officers on guard, and that the person who had shared the cell with her
while she was being held incommunicado had not even been called as a witness
to describe how she had been held in custody.
4.8
The author concluded that there had been breaches of articles 12
and 13 of the Convention against Torture. She submitted that current
“anti-terrorist” legislation encouraged torture, infringing the basic right to
counsel, hampering the collection of evidence that torture had been employed
and, ultimately, guaranteeing that torture would go unpunished. In her view,
that legislation runs counter to the spirit of article 2 of the Convention
against Torture.
4.9
She also submitted that the action taken against her on account of her
presumed involvement with an armed gang served to show that the only evidence
against her was that obtained under torture and duress from Mr. Eguskiza and
Mr. Rojo, in breach of article 15 of the Convention against Torture.
The Committee’s decision on admissibility
5.1
At its eighteenth session the Committee considered the admissibility of
the communication and ascertained that the same matter had not been, and was
not being, examined under another procedure of international investigation or
settlement. It observed that the State party had raised no objection
regarding admissibility and considered that the available domestic remedies
had been exhausted.
5.2
The Committee considered that the communication might raise issues under
articles 12 and 13 of the Convention, notably in relation to the period of
over a month that elapsed between when the court received the medical report
and when it heard the author, and what the court was doing during the almost
11 months that separated the author’s statement from the stay of proceedings.