CAT/C/20/D/59/1996 page 8 The findings of this examination reached the High Court of Madrid on 13 February for distribution. On 17 February they were delivered to Court of Investigation No. 44. On 21 February Court No. 44 issued an order to begin a preliminary investigation and sent an official letter to the Director of the Penitentiary Centre ordering the author to appear on 7 March. She did not appear on that date, and on 9 March a new summons was issued for 13 March. On 13 March the author made a statement and the offer of recourse was made to her. On that same date the Judge authorized an application to Central Court of Investigation No. 2 of the National High Court for official copies of the records of the medical examinations carried out by the forensic medicine staff of that Court. On 30 April, when these copies had still not been received, the Judge sent an urgent reminder. The papers were delivered on 13 May. On 2 June the Judge requested the medical examiner of her Court to make a report; this report was delivered on 28 July. On 3 August the Judge summoned the medical examiner who had attended the author during her detention. On 30 October the Judge set the date of 17 November for receipt of the statement of the medical examiner and also authorized an application for information from the Penitentiary Centre about the time at which the author had been examined and the development of the injuries. On 23 December the Penitentiary Centre delivered the requested information. On 2 February the Judge issued the shelving order. 6.4 These facts show that there was no tardiness or delay in the conduct of the investigation. At no time did the author complain through the domestic channels about delays in the preliminary investigation, either before or after the temporary shelving order, once she had become represented in the proceedings. Comments by the author 7.1 In her comments on the State party's submission, the author maintains that in the five forensic examinations she underwent during the more than 100 hours for which she was held incommunicado she indicated that she had been subjected to maltreatment. The author encloses copies of the five medical reports which were prepared. In the first it is stated that “she does not mention physical ill-treatment, although she was kept hooded for many hours”. According to the second, “she does not mention physical ill-treatment although does speak of threats and insults”. In the third “the person concerned says that she is very nervous, has not slept and has not received food. She mentions having received ill-treatment consisting of blows to the head, but there are no signs of violence”. The fourth says that “she mentions ill-treatment consisting of blows, but there are no signs of violence”. In the fifth “she mentions ill-treatment consisting of blows and of having been kept undressed. No signs of violence are apparent upon examination”. 7.2 In her statement to Court of Investigation No. 2 of the National High Court on 2 February 1992, the author spoke of having sustained many blows, having had a bag put over her head until she nearly suffocated, of the use of electrodes, threats and insults, and of having been forced to undress. Notwithstanding, the judge did not automatically arrange for the competent judicial authorities to investigate the complaints.

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