Torture complaints
during first months of the new
Spanish government
by Behatokia
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Since Partido Socialista Obrero Español (PSOE -
Spanish Socialist Workers' Party)
won the elections on March 14, 2004, 61 people
have been arrested in Spain under the
anti-terrorist laws. 39 of them have denounced
they suffered torture and ill treatment at the
hands of the police forces during incommunicado
detention.
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It would appear the new government is as
unwilling as the previous one to listen to the
recommendations made by various international
human rights organisations.
The accounts of torture given by young men and
women recently arrested by the Guardia Civil are
particularly horrifying. In the case of the
women, as well as the types of torture suffered
by the men, they were subjected to sexual abuse
during the five days they were held incommunicado.
Unai Romano was arrested by the Guardia Civil,
held incommunicado, remanded in custody for seven
months and eventually acquitted. However, we can
all remember the photograph that went round the
world. His complaint to the court was shelved.
The defence for the Guardia Civil had argued that
one single blow to the head had caused his face
to become unrecognisable.
Nevertheless, a recent forensic report backs up
this young man's complaint. According to the
conclusions in the report, the injuries sustained
by Romano "are multiple low-intensity blows to
various parts of the head and cannot be justified
by a single traumatism, which would have had to
be extremely intense". Therefore, the Legal and
Forensic Medicine expert, Dr. Francisco
Etxeberria, ratifies Unaiís version of events,
whereby he told how he had suffered repeated
blows to his head, with varying intensity and
from behind.
According to Dr. Francisco Etxeberria's medical
explanation in the report and the latter
statement to the court in order to ratify the
contents of his report,
"it is highly unlikely
that a voluntary frontal traumatism against a
smooth wall, with no soft materials in between
may produce a generalised oedema of the whole
neurocraneum"; therefore, he concludes that
"the
blows sustained by Unai Romano were dealt from
behind, on the sides and upper part of the skull
and not on the frontal region".
As to the bald patch on the back of Unai's head,
the doctor states it is due to a
"defective
re-absorption of the bruises, which developed
into necrosis. The lack of appropriate treatment
caused it".
Unai Romano's case was an exception to the rule
because his lawyers had access to the photograph
taken in prison after his statement to the judge.
Therefore, the photograph shows what he looked
like after spending five days incommunicado in
the hands of the Guardia Civil. The investigation
judge, Guillermo Ruiz Polanco, did not only
consider Unai was in a fit state to give a
statement, but upon Unai telling him he had been
tortured, the judge replied he did not believe
Unai. The state-appointed lawyer for Unai did not
raise any objections. According to Unai's
account, when he was taken to the Audiencia
Nacional, he was moved between rooms with a
jacket over his head at all times and his lawyer
was not allowed to see him.
In this instance, the scandal broke out because
of the unusual circumstance of there being a
photograph, but - what about all the cases when
there are no photographs?
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– Behatokia Communication Team
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