investigating magistrate of Alcalá-de-Henares, who asked him formally whether he
wished to maintain his complaints; Mr. Parot replied in the affirmative.
Prior decisions taken by the Committee:
3.1 The Committee against Torture initially examined communication No. 6/1990
during its seventh session in November 1991. It considered that, since the
author had conceded that an investigation into Mr. Parot’s allegations had been
opened by an investigating magistrate of Alcalá-de-Henares, domestic remedies
had not been exhausted. On 12 November 1991, the Committee therefore declared
the communication inadmissible. 2/
3.2 During its ninth session, in 1993, the Committee had before it a request
from the author to reopen the consideration of the communication, because no
investigation had yet been conducted by the Spanish authorities. The Committee
decided to appoint one of its members as Special Rapporteur to examine the
request. The Special Rapporteur approached the State party for its comments,
which were placed before the Committee at its tenth session. The Committee
subsequently decided to ask Mr. Parot himself whether he wished the Committee to
examine his case and to request more precise information about the complaints
filed with the Spanish authorities regarding his torture (see paras. 2.8
and 2.9 above). On the basis of the information received, the Committee, acting
pursuant to rule 109 of its rules of procedure, decided, on 18 November 1993, to
set aside its prior decision of 12 November 1991 and to reopen its consideration
of the case. It further decided to request the State party to provide
information relevant to the question of admissibility of the communication.
Information submitted by the State party and the author’s comments thereon:
4.1 By a submission of 11 February 1994, the State party claims that the
communication is inadmissible. It submits that, notwithstanding the author’s
statement, inquiries made of the seven tribunals of first instance in
Alcalá-de-Henares give no indication of any complaint of torture lodged by
Mr. Parot.
4.2 The State party denies that any ill treatment of Mr. Parot has taken place.
It states that Mr. Parot received regular visits from medical doctors during his
detention by the Guardia Civil in Seville and Madrid and later in prison and
that no reference to ill treatment or torture is to be found in the medical
reports. Similarly, the investigating magistrates before whom Mr. Parot
appeared did not report any visible signs of ill treatment or torture. Although
Mr. Parot mentioned at the end of the hearing before the investigating judge of
the Fourth Tribunal of the Audiencia Nacional on 7 April 1990, that he had been
subjected to torture, the investigating judge did not find sufficient reason to
order an investigation into the allegations, taking the medical information into
account and seeing that Mr. Parot did not show any signs of having been
subjected to torture or ill treatment. The State party states extensive
examination of all the relevant records shows that Mr. Parot subsequently did
not formally request an investigation of the alleged ill treatment during the
first days of his detention.
4.3 The State party claims that the information provided by the author about
the complaints made by or on behalf of her brother was excessively vague. It
contends that it is the policy of ETA members, their family and their lawyers to
submit complaints at random to all kinds of international organizations. It
submits that Mr. Parot has filed numerous complaints with the authorities in
charge of the prison system (Juzgados de Vigilancia Penitenciara) about alleged
-63-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents