E/CN.4/1994/31
page 102
Spain
Information transmitted to the Government and replies received
482. By letter dated 26 August 1993 the Special Rapporteur advised the
Government that he had received information according to which although
article 520 of the Criminal Procedure Act provided for a period of 72 hours
before a detainee had to be brought before the court, articles 520 bis and 527
altered this rule with respect to persons detained under suspicion of
collaboration with or membership of armed bands or terrorist groups. Thus,
the period of 72 hours might be extended by another 48 hours pending a court
order and at the request of the police, who were not required to bring the
detainee in person before the court in order to obtain the order. Moreover,
throughout this period, the detainee might be kept incommunicado, which meant
in particular that he was denied the assistance of a lawyer of his choice and
could not inform his family or friends of his place of detention. According
to the sources, this legal situation facilitated the practice of torture and
ill-treatment.
483. It was also reported that law enforcement officials who had been
condemned for torture of ill-treatment of detainees had in some cases remained
in active service and had sometimes been promoted or pardoned. Moreover, no
precautionary measures had been taken, such as suspension from duty while the
matter was still pending, even though a particular case could take years to
solve.
484. The Special Rapporteur also informed the Government about allegations
received on the cases described in the following paragraphs, to which the
Government replied on 13 December 1993.
485. Kepa Urra Guridi was arrested on 29 January 1992 by the Civil Guard in
Basauri. According to reports he was taken to the woods for approximately one
hour before being taken to La Salve barracks. Some eight hours later he was
admitted to the Hospital Civil de Basurto which reported numerous bruises on
the face, hands, wrists, legs and thighs, with damage to the muscle tissue.
Two neck injuries were subsequently diagnosed. According to statements made
by Mr. Urra two days later, the bruises were the result of beatings inflicted
after his arrest. He also claimed to have been subjected to suffocation with
a plastic bag over the head, as well as to mock executions. Examining
Magistrate No. 8 of Bilbao opened a judicial inquiry with respect to these
claims of torture.
486. With respect to this case the Government sent a report issued by the
Civil Guard according to which at the moment of the arrest, as well as during
the transfer from Basauri to La Salve barracks, Mr. Urra Guridi violently
confronted the arresting agents, who had to use physical force in order to
carry out the arrest. Any injury sustained by Mr. Urra was, therefore, the
result of this struggle. While in the barracks he was found lying on the
ground of his cell and was immediately taken to hospital, since a doctor
diagnosed cardiac arrhythmia. In the context of the judicial investigation
being carried out following the complaint filed by his wife, several members
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