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AMNESTY INTERNATIONAL is a worldwide movement which is independentof any government, political grouping, ideology, economic interest or religiouscreed. It plays a specific role within the overall spectrum of human rights work.The activities of the organizations focus strictly on prisoners:

It seeks the release of men and women detained anywhere for their beliefs,colour. sex, ethnic origin, language or religion, provided they have notused or advocated violence. These are termed "prisoners of conscience".

- It advocates fair and early trials for all political prisoners and works onbehalf of such persons detained without charge or without trial.It opposes the death penalty and torture or other cruel, inhuman or degradingtreatment or punishment of all prisoners without reservation.

AMNESTY INTERNATIONAL acts on the basis of the United Nations UniversalDeclaration of Human Rights and other international instruments. Throughpractical work for prisoners within its mandate, Amnesty International participatesin the wider promotion and protection of human rights in the civil, political,economic, social and cultural spheres.

AMNESTY INTERNATIONAL has over 2,000 adoption groups and nationalsections in 40 countries in Africa, Asia, Europe, the Americas and the Middle East,and individual members, subscribers and supporters in a further 95 countries. Eachadoption group works on behalf of at least two prisoners of conscience incountries other than its own. These countries are balanced geographically andpolitically to ensure impartiality. Information about prisoners and human rightsviolations emanates from Amnesty International's Research Department inLondon.

REPORT OF AN

AMNESTY INTERNATIONAL MISSION

TO SPAIN

AMNESTY INTERNATIONAL has consultative status with the Unites NationsECOSOC), UNESCO and the Council of Europe, has cooperative relations with

the Inter-American Commission on Human Rights of the the Organization ofAmerican States and is a member of the Coordinating Committee of the Bureaufor the Placement and Education of African Refugees of the Organization ofAfrican Unity. 3-28 October 1979

AMNESTY INTERNATIONAL is financed by subscriptions and donations ofits worldwide membership. To safeguard the independence of the organization,all contributions are strictly controlled by guidelines laid down by Al's Inter-national Council and income and expenditure are made public in an annualfinancial report.

cs, Amnesty International Publications 1980ISBN: 0 86210 022 4Al Index: EUR 41/03/80First published November 1980Original language: Spanish and EnglishPublished by Amnesty International Publications

Copies of Amnesty International Publications can be obtained from the offices of the nationalsections of Amnesty International. Office addresses and further information may be obtainedfrom the International Secretariat, 10 Southampton Street, London WC2E 7HF, England.Printed in Great Britain by Russell Press Ltd., Forest Road West, Nottingham.

TABLE OF CONTENTS

I. INTRODUCTION

II. THE LAW 4

1. The length of time a detainee may be heldin police custody before being brought beforea judge 5

2. "Incommunicado" detention and the right tolegal counsel 6

30 The structure of the judiciary and itsfunction of supervising conditions ofdetention. 7

4. Procedures whereby detained people may makecomplaints about their treatment 8

Project for an Organic Law on the Security of theCitizenry 11

III. MEDICAL REPORT 13

13 14 16 16 16

MethodTypes of maltreatment allegedDescription of symptoms and signsAlleged transient symptamsAlleged persistent symptomsSigns found by Amnesty International medicaldelegates

Available medical documentation by localdoctors

DiscussionSummary of findingsConclusion

16

17192020

Individual case histories 21Case number 1 •

Case number 2 •Case number 3 •Case number 4 :Case number 5 •Case number 6 •Case number 7 •Case number 8 :Case number 9 :Case number 10:Case number 11:Case number 12:Case number 13:Case number 14:

2124262831333537404244464850

Emilio Mariano GingsSantidrign

Julio Gingn SantidrilnJosg Manuel Grifoll SendsJos( Orive Vele5Juan Mateu MartinezMarfa Teresa Sol CifuentesJosg Luis Delpech ValleXavier Onaindra RiberaFrancisco Arana ArrizabalagaIgnacio Aramayo AguirreJosu Bengoechea CuellarAntton de Blas LanaJuan Marfa TorronteguiJulign Aparicio

CONCLUSIONS 52

RECOMMENDATIONS I. INTRODUCTION53

APPENDIX I: Ley 56/1978, de 4 de diciembre, de medidasespeciales en relaci6n con los delitos deterrorismo cometidos por grupos armados 55

Real Decreto-Ley 3/1979, de 26 de enero, sobreprotecci6nde la seguridadciudadana

The treatment of people detained in Spanish police stations has beena matter of long-standing concern to Amnesty International. Recentreforms in the legal and constitutional provisions affecting detaineeshave led to important improvements. However, it would be incorrect tosay that the present situation of detained people is without majorfaults; indeed, that is made clear in this report.58

APPENDIX II: Glossary 62 Important changes in the field of constitutional and criminal lawwere introduced after the death of General Franco in November 1975.Foremost among these was the replacement of the 1945 Fuero de losEs aZoles with a new constitution which was approved by the Cortes (nat-ional legislature) in October 1978. It was endorsed on 6 December andcame into force on 28 December 1978.

The new constitution abolished the death penalty, except undermilitary law in time of war, and forbade the use of torture or inhuman,degrading treatment or punishment. Habeas cor us was introduced andthe period of preventive detention limited to 72 hours. The right ofdetained people to legal counsel was established and the right of assoc-iationand to strike were also recognised. While certain changes havealready been made to the existing penal code (promulgated in 1973), forexample the abolition of the death penalty, the government has said thata new penal code and code of penal procedure will be introduced in duecourse.

There have been important changes in the field of criminal law;foremost among them was the suppression in December 1976 of the Tribunalof Public Order (TOP), Tribunal de Orden P/blico specially created todeal with political crimes such as illicit association) which did notcome within military jurisdiction. The unity of jurisdiction was alsodecreed, which meant, in theory at least, that political crimes, suchas terrorism, which hitherto came within military jurisdiction, could nolonger be tried by military courts. A new higher court, the AudienciaNacional, was established, which would try all political crimes undercivil law and would further have the responsibility for the judicial sur veillance of people in preventivecustody and for investigating thecases to be tried.

In April 1977 Spain ratified the International Covenant on Economic,Social and Cultural Rights as well as the International Covenant onCivil and Political Rights. It has joined the Council of Europe andsigned, but not ratified, the European Convention on Human Rights.

This reform program has been pursued againsta background of an in-tense and frequently bloody struggle between extremist forces of left andright, nationalist groups in different regions and the forces of publicorder and the army. Amnesty International condemns the use of politicalmurder by armed groups and the maltreatment or torture of detainees.

Any criticisms that are made about the operation of certain lawsin Spain, regardless of what the situation may be that is held by someto justify these laws, will be based purely and simply upon the existingguarantees in the law and constitution and of Spain's obligations toobserve the international human rights instruments it has ratified.

Since the accession of King Juan Carlos there have been successive

amnesties and pardons for political prisoners. This meant that by 1978

all the people whom Amnesty International had adopted or whose cases it

had investigated had been released. There was also a distinct decline

during this period in the number of ellegations of maltreatment and tor-

ture made by prisoners and people in custody. However, this improvement

was not maintained, and at the end of the 1970s the incidence of complaints

of maltreatment of prisoners, particularly detainees held in policeandGuardia Civil stations, began to increase.

The legal and medical findings of the mission are presented in separate

sections for the sake of clarity.

Finally, it should be emphasized that:

the legal situation in Spain today is no different from that des-

cribed in ChapterII;

further allegations, consistent with the earlier ones cited in

Chapter III, have been recorded since the mission in October1979;

0) many of the detainees mentioned in the report are attempting to

obtainlegal redress.

In Amnesty International's view the deterioration in the treatment

of prisoners has been facilitated by new laws and internal procedures

introduced to handle people who are detained under the authority of new

legislation: Law 21/1978 of 30 June 1978 and Royal Decree-Law3/1979of26 January1979.

The operation of these laws is described in the legal chapter of this

report. Briefly, they permit the police to detain not only people who are

suspected of belonging to armed groups but also those who defend publicly

by oral, written or any other means, the conduct or activities of anyone

who is a member of an armed group or anyone who even associates with such

members. These powers permit the detention of people for defending or

associating with others, even though no specific offence may, in fact,

have as yet been committed by those they defend or associate with.

Under these laws a detainee may be held in a police station, completely

incommunicado, without the assistance of a lawyer for a period of 72 hours

which, on the order of the judge of the Audiencia Nacional in Madrid, can

be extended for a further seven days to a total of 10 days, before the

authorities are obliged to bring the detainee before a judge.

In Amnesty International's view, this lengthy period of incommunicado

detention is clearly in contravention of the right to legal counsel guaran-

teed by Article 17(3) in the December 1978 constitution. This combined

with the almost complete lack of judicial control during this period, is

in a large measure responsible for the increase of allegations of maltreat-

ment and torture made by detainees since 1979.

These allegations were largely consistent in substance and originated

in many different towns in Spain particularly in Barcelona and the Basque

country.

Acting on these allegations and in accordance with Article 1(c) of

its mandate, which states that one of the objects of Amnesty International

shall be to oppose,

".. .by all appropriate means the imposition and infliction of

...torture or other cruel inhuman or degrading treatment or pun-

ishment of prisoners or other detained or restricted persons

whether or not they have used or advocated violence",

Amnesty International sent a mission to Spain in October1979,composed

of two Danish doctors and an interpreter, a lawyer from the Federal Republic

of Germany and an Amnesty International staff researcher. The medical

delegates spent from 23 October to 28 October in Madrid, Barcelona and

Bilbao. The legal delegate visited San Sebastian, Pamplona andMadrid.

The Amnesty International staff researcher was in Spain from 3 - 28 October

1979and was present at all the interviews with former detainees who had

made allegations, with their lawyers and with judicial personnel.

II. THE LAW The offences specified in 1 of Article3 of Royal Decree-Law3/1979are all those committed by a person or people organized in armed groupsor gangs and connected offences. A term of minor imprisonment is fromsix months and a day to six years.

This chapter will examine the provisions of the present Spanish Lawand Constitution in four areas which are of relevance to maltreatmentof detainees:

the length of time a detainee may be held in police custody beforebeing brought before a judge;

This Amnesty International report deals with the treatment, in policeand Guardia Civil stations, of detainees under the provisions of Law 56/1978 and Royal Decree-Law 3/1979. It covers the period while they areheld for interrogation, before appearing before a judge to make a state-ment or being released."incommunicado" detention and the right to legal counsel;

the structure of the judiciary and its function of supervisingThe report also describes the special judicial provisions for these

detainees and examines their impact on the treatment of detained people.conditions of detention;

procedures whereby detained people may make complaints (denuncias) * * *about their treatment.

In 1978 and 1979two laws came into force in Spain which areparticularly relevant. These are: Law 6 1 78 of 4 December - s ecialmeasures in relation to offences of terrorism committed b armed rou s,and Ro al Decree-Law 1 7 of 2 Januar about the safe ardin of thesecurit of the citizenr .

1. The len th of time a detainee ma be held in olice custod beforebein brou ht before a ud e

Law 56/1978 and Royal Decree-Law 3/1979 are the laws most ofteninvoked for the arrest of people accused of, or otherwise connected with,offences which are politically related. All of those interviewed by theAmnesty International mission to Spain in October1979 were arrested andkept in police custody under the terms of these laws.

According to Article 496 of the Le de En uiciamiento Criminal (LEC), Lawof Criminal Procedure, of 1882, all detainees must be brought before ajudge within 24 hours of their detention. Criminal liability is incurredif this rule is not observed. However, the present applicability ofArticle 496 of the LEC is doubtful even though it is still on the statutebook. This is because the 1945Puero de los Es orioles, one of the consti-tutional acts of General Franco's government, provided for a 72-hourlimit which is retained in Article 17 of the 1978 constitution, whichreplaces it.

The two laws are complementary. Paragraph5 of Royal Decree-Law3/1979 explains that this legislation is intended to be an interimmeasure, pending the adoption of a new penal code and code of penalprocedure.

Law 56/1978 applies to people connected to organized armed groupswho commit offences such as murder, kidnapping, illegal possession ofarms and explosives, blackmail, use of threats. The law applies also toindividuals who are merely members of these groups, even if they do nothappen to be directly implicated in the offences described above. Itcontains important procedural elements which are examined below.

Royal Decree-Law3/1979creates new offences concerning associationwith armed groups, namely:

However, none of the cases covered by this report benefit from theselaws since they are covered by the special powers granted under Law 56/1978.This law allows the police to exceed even this extended period for holdingdetainees in custody before bringing them before a judge.

Article 2 of Law 56/1978 states that the 72-hour limit may be extended"for the time necessary for the purposes of investigation" ("el tiem onecesario ara los fines investi adores"), by a further seven days, making10 days in all before the detained person must be brought before a judge.It also seeks to establish guarantees for the detainee by specifying thatthe judge has to be informed of the detention within 24 hours. Furthermore,if the period is to be extended, the judge must be informed of this beforethe initial 72-hour period has elapsed.

Article1

The defence in public, whether oral, in writing, in print or in some otherform of publication, of the conduct and activities of individuals referredto in 1 of Article 3 of thiis Royal Decree-Law will be subject to a term ofminor imprisonment ( rision menor).

Article 2

If the police wish to use the additional seven days before bringingthe detainee before a judge, they must apply to the judge who decideswithin 72 hours from the time of detention whether to approve the extensionor not (Article 2, Law 56/1978; Article 497 LEC). In practice, the policeapply to the Minister of the Interior, who in turn informs the judge.The judge can also request information at any time, become acquainted withthe situation of the detainee or revoke the authorizationof the extensionof police custody. These procedures apply to both the regular police andthe Guardia Civil.

Any individual who obtains or in any manner provides information or performsany other act assisting (favorecer) the committing of the offences specifiedin 1 of Article 3 of this Royal Decree-Law shall be subject to a term ofminor imprisonment ( risi6n menor),except when a heavier sentence isappropriate according to any other provisions of the criminal law.

The Amnesty International delegates did not find any instance ofthese guarantees having operated effectively with the judge exercising thesesupervisory powers over people in police custody.

Amnesty International does not consider that there can be any

justification for holding people in police custody for 10 days before

bringing them before a judge, simply to enable the police to conduct an

investigation.

Article53 of the constitution allows the Cortes to regulate by law

the way in which the basic rights of Chapter 2 of Title 1 of the consti-

tution - where right to counsel is laid down - are to be exercised. Such

regulation is however permissible only to the extent that the "essential

content" ("contenido esencial") of the right is respected. Doing away

completely with the right to counsel during the polioe investigation,

which is guaranteed by Article 17, paragraph3, does not respect the

"essential content" of that guarantee, since it simply abolishes it entirely

during a cruoial period of the proceedings. According to the constitution,

even under the "estado de exce ciOn" ("state of exception") the right to

counsel may not be completely suppressed (Article55, paragraph 1, sentence

2 of the constitution).

The net effect of these provisions enables the police to hold

detainees for up to 10 days without having to justify this by bringing

formal charges against them or physically producing them before the courts

or any other outside authority. The Amnesty International mission to Spain

in October1979was not able to establish that there had been any signifi-

cant incidence of cases in which judges refused to grant the police the

extension they requested. On the contrary, the prevailing pattern was for

judges automatically to grant this authority (see also point 3below).

Certainly, both public prosecutors (fiscales) and judges have the legal

authority to exercise supervision while people are held in a police station.

However, they have shown themselves most reluctant to use these powers

and no one interviewed by the mission delegates had ever been visited while

in a police station by either a judge or a fiscal.

Finally, the constitution provides that the 72-hour limit for police

detention may be suspended when the activities of armed gangs and of

terrorists are being investigated, but the right to counsel may not be

suspended (Article 55, paragraph 2).

Clearly, holding people "incommunicado", without legal counsel,

for up to 10 days while in custody puts them completely at the mercy of

the police who, during this period, are not in practice under the effec-

tive control of any properly constituted judicial authority.It is notable that all those people whose treatment in police

custody

is examined in the medical chapter of this report were detained for longer

than 72 hours before being produced before the courts or freed. From

Amnesty International's experience of countries, such extended custody in

the hands exclusively of the interrogating authority commonly contributes

to the maltreatment of detainees.3. The structure of the sudiciar and its function of su ervisin

conditions of detention

2,, " n a he r t to 1 a c

The danger inherent in prolongation of custody in the sole hands of the

police is exacerbated by the fact that it is almost always accompanied by

an order of "incommunicado detention". As long as the police have custody,

it is the Minister of the Interior, responsible for the police, who informs

the judge and issues such an order. This means that while the detainee is

held by the police, he or she has no right to communicate with the outside

world, including his or her family and lawyer.

All the former detainees interviewed by the mission (see Chapter III,

below) had been held incommunicado for up to 10 days. The Spanish consti-

tution attaches special importance to the right to legal counsel and it is

extremely doubtful whether the exclusion of this right is constitutional

under the terms of the 1978 Constitution.

Article5 of Law 56/1978 gives exclusive jurisdiction in the cases

enumerated in Article 1 of the same law (see above) to the Juz ados

Centrales de Instruccion (central investigating judges) and to the

Aud' nci N n , both of which work from Madrid.

Article 2, paragraph3 of Law 56/1978 says that the detainee may be

held incommunicado (effectively without legal counsel) for the limited time

necessary to complete "investigations or for the summary instruction to be

prepared without prejudice to the right to a defence to which the detainee

or prisoner is entitled" (las dili encias o lainstrucci6n sumarial sin

er•uicio del derecho de defensa ue asiste al detenido o reso"

This centralization of court jurisdiction entails further weakening

of effective judicial control while detainees are held in police stations.

Investigating judges may legally request information, personally inform

themselves and intervene at any stage. However, for the reasons given

below, Amnesty International considers that the judicial protection

afforded thereby is theoretical and devoid of any meaning in practice.

One reason is that there are not enough investigating judges in the

Audiencia Nacional. There are only two, whose duty it is to handle not

only all cases arising under Law 56/1978 and Royal Decree-Law 3/1979, but

also a large number of other cases, with nationwide implications wherever

they may have occurred in Spain - altogether about 2,000 cases a year

(see the 1979 annualreport of the Fiscal General de Estado). This work-

load is clearly far too heavy for the court to be able to monitor all

cases carefully.

Article 17, paragraph3 of the 1978 constitution guarantees the right

to counsel during the police and judicial investigation "to the extent

established by law" ("Se arantiza la asistencia de abo ado al detenido en

las dili encias oliciales 'udiciales en los termfnos ue la le

establezca" • It is clear that the law may regulate the right to counsel.

However as Law 56/1978 is applied, it completely excludes it and this

application of the law makes the constitutional guarantee completely devoid

of meaning.

Another reason is that, since most suspects are arrested outside

Madrid, investigating judges would have to travel to the provinces fre-

quently in order to do their job properly. This rarely happens.

As a consequence, the intervention of investigating judges during

the first few days of the detainees' arrest is merely formal: in practice

investigating judges never see the detainees. All the decisions the

judges theoretically have to take under Law 56/1978, as to the extension

of police custody, are made exclusively on the basis of written material

made available by the police.

Under these circumstances the guarantee of judicial control provided

for by Article 2 of Law 56/1978 offers no effective safeguard against

ill-treatment of detained people in police custody.

"Equally, the penalties established in the preceding paragraphs will

be imposed against the authority or civil servant who, failing in

their duty, permit other people to commit the acts established in

the above paragraphs."

4. Procedures whereb detained eo le ma make com laints about theirtreatment

Several aspects of the conditions under which detained people are

held strongly affect the possibility of effective implementation of these

laws. All the cases of maltreatment known to Amnesty International concern

detainees who have been held for a prolonged period of up to 10 days, as

explained in section 1, before being brought before a judge. During this

period they are in the sole custody of the police who are responsible not

only for their custody but also for their interrogation.

The maltreatment of detainees is expressly forbidden by Article 15 of the

constitution of 1978. The legal position has become even clearer through

the enactment in 1978 of Article 204 bis of the penal code.

"La Autoridad o funcionario que, en el curso de la investi-

gacidh policial o judicial, y con el fin de obtener una confesidh o

testimonio, cometiere alguno de los delitos previstos en los caprtu-

los I y IV del titulo VIII (2) y caprtulo VI del trtulo XII (3) de

este Cdaigo, seri castigado con la pena setalada al delito en su

grado maximo y, ademas, la de inhabilitacidh especial.Si con el mismo fin ejecutaren alguno de los actos penados en los

artnulos 582, 583, numero 1 y 585, el hecho se reputard'delito y

serdh castigados con las penas de arresto mayor y suspensidri.

En las mismas penas incurrirtn, respectivamente, la Autoridad o

funcionario de Instituciones Penitenciarias que cometieree, respecto

de detenidos o presos, los actos a que ee refieren los parrafos

anteriores.

This interrogation is conducted by police officers who are usually

anonymous. Uniformed officers do not wear name-tags or identity numbers.

Furthermore, the majority of allegations known to Amnesty International

concern plainclothes police officers, often from special units and fre-

quently not locally based. In those cases where the detainee makes a state-

ment to the police about the matter under investigation, it is possible to

identify the officers who record such statements, but these are not the

same officers as those who carry out the interrogation and who therefore

are responsible for any maltreatment.

The detained person is likely to be held incommunicado, as explained

in section 2, without the right to communicate with the outside world,

including his or her family, and denied the right to legal counsel.

Furthermore there is no mandatory procedure for the regular medical

examination of detainees beginning from the moment of their detention.

Such medical care as is given is usually rudimentary, as indicated in

Chapter III; and it appears that the police doctors are not compelled by

law to record their findings in a place accessible to parties to any future

actions for maltreatment.

La Autoridad o funcionario pUblico que en el curso de un procedimiento

judicial penal o en la investigacidn del delito sometieren al inter-

rogado a condiciones o procedimientos que le intimiden o violenten

su voluntad, serd'castigado con la pena de arresto mayor e inhabili-

tacidS especial.

Igualmente se impondrA las penas establecidas en los parrrafos prece-

dentes a la Autoridad o funcionario que, faltando a los deberes de su

cargo, permitiese que otras personas ejecuten los hechos previstos

en ellos."

Finally it is clear that, for the reasons given in section 3, the

responsible supervisory judicial authorities do not exercise effective

control over detainees in police custody.

Translation The combination of these factors has both facilitated the maltreat-

ment of detainees and made it almost impossible for detained people to

substantiate with written material any complaint of maltreatment."The authority or public servant who, in the course of a police or

judicial investigation, and with the object of obtaining a confession

or evidence, commits any of the offences mentioned in Chapter I and

IV of VIII (2) and Chapter VI of XII (3) of this code, will be punished

with the penalty indicated in its highest grade and, as well, that of

special disqualification. If, with the same end, they commit any of

the acts punished in Articles 582, 583, No 1 and 585, the act will be

considered an offence and will be punished with penalties of major

arrest and suspension.

Police officers are able to support each other in their denial of

allegations made against them, but a detainee who is denied legal counsel,

visitors, judicial supervision or even regular medical treatment which is

on record clearly finds great difficulty in producing witnesses and evidence

for even the most well-founded complaint.

"The same penalties will be incurred respectively by the authority or

civil servant employed in a prison who commits the acts referred to

in the previous paragraph against the detainees or prisoners.

Even cases brought by detainees, based directly on medical evidence

obtained from independent sources, have encountered considerable delays

and difficulties (see cases 1, 7 and 8 in Chapter III).

"The authority or public servant who, in the course of judicial penal

proceedings or in the investigation of the offences, submits the person

under interrogation to conditions or proceedings which intimidate him,

or violate his wishes, will be punished with the penalty of major

arrest and special disqualification.

Some detainees, when they are taken before the judge by the police

(see cases 1,2,3,4,7,8,9,10,12 and 13 in Chapter III), complain of the

treatment they have received while in custody. The judge records these

declarations, together with, or apart from, those referring to the criminal

actions the detainee is suspected of having committed.

ln 11

When the oomplaints of a detainee amount to a denunciation (denuncia)of the police, the judge to whom they are made sends them to the investi-gating judge with jurisdiction over the area where the maltreatmentallegedly took place. Most are eventually filed away because of lack ofevidence.

Pro ect for an Or anic Law on the Seourit of the Citizenr

(Pro ecto de Le Or gnica sobre la Se ridad Ciudadana)

Under Spanish law the fiscales have an obligation to prosecute inall cases they deem fit for prosecution (Article 105 LEO, Le de En'ui-ciamiento Criminal):

"Los funcionarios del Ministerio fiscal tench-eh la obligacidn deejercitar...todas las acciones penales que consideran procedentes..."

In September1979the Spanish Government presented the Cortes with adraft Organic Law on the Security of the Citizenry. At the time ofwriting this has not yet been adopted. However, in view of its potentialfuture importance, a short commentary on its draft provisions is inclu-ded in this report.

Translation

"The prosecutors have the obligation to undertake...all the penalactions that they consider appropriate ..."

Amnesty International considers that the present legislation has ledto the vitiation of important guarantees against maltreatment of detainees,as well as depriving the latter of the possibility of effective redressunder the law. An examination of the provisions of the new bill suggeststhat it would perpetuate and exacerbate these deficiencies.Their general duty, according to Article 124 of the Spanish constitution,

is "to further justice in defence of legality, of the rights of citizensand of the public interest..."

It seems, however, that no case against the police for maltreatmenthas been initiated by any public prosecutor and, at the time of writing,even those cases which contain detailed corroborative evidence have notbeen deemed suitable for prosecution (see cases 1, 7 and 8 in Chapter III).

The 1979 annualreport of the Fiscal General de Estado (page 148)refers to the enactment in the Cortes of Article 204 bis of the penalcode, which proscribes the maltreatment of detained persons, but not toits application. As far as Amnesty International is aware, no convictionhas occurred on the basis of this article during the nearly two yearssince it was passed and it seems that not even one case has been broughtto court, although many complaints of such offences have been brought tothe attention of the judiciary.

The bill retains in Article 12, as far as police arrest is concerned,the 72-hour period prescribed by the now defunct Fuero de los Es arioles,which is embodied at present in Article17,paragraph 2 of the 1978constitution. However, this is the maximum permitted duration of policedetention only for general purposes and under normal circumstances.Other articles of the bill contain a number of exceptions.

When detainees are taken before the judge by the police they sometimesrequest a medical examination which, in general, is granted and carried outby the medico forense (a doctor in government service).

These ost facto examinations are no substitute for a systematicrecording of a detainee's state of health. Furthermore, it is allegedby some of the detainees seen by Amnesty International that pressure isbrought to bear by the police on the meaicos forenses, either to minimizeany injuries sustained, or to refuse to record their findings on thegrounds that they are insubstantial. Clearly therefore a systematic medi-cal record would benefit both detainees who had been maltreated and policeofficers faced with false allegations. This advantage would be in additionto the specific value of providing detainees with regular medical attentionwhile in police custody.

The most important of these exceptions is found in Chapter IV of thebill which confers special powers on the executive for use against armedbands and terrorists. Under Article 55,paragraph 2 of the 1978 consti-tution certain constitutional rights of particular individuals may besuspended "with the necessary intervention of the judiciary" ("con lanecesaria intervenciOn 'udicial") when the investigation of the activitiesof armed bands or terrorists is being undertaken. Not only members ofarmed bands or terrorists but also, for example, those who try to justifytheir actions come within the provisions of this chapter (Article 52 ofthe bill).

Article54 (a) of the bill provides that the right to be set free orto be brought before the judiciary within 72 hours of detention by thepolice may be suspended for people coming under Article 52 of the bill.Article 56, paragraph 1 provides that the maximum period of police detention(detencicin bernativa) may not exceed 10 days. Thus there is no differ-ence between the provisions of the bill and those of Law 56/1978, which iscurrently in force. The bill, however, applies to a larger group thandoes the earlier law 56/1978.

As far as judicial control is concerned, which, as stated, is highlydefective, if not absent, under Law 56/1978 (Article 2), the bill does notprovide for anything better. Article55,paragraph 1 gives the Ministerof the Interior the power to suspend a person's right to the 72-hour limiton police detention if that person comes under Article 52. The Ministermust immediately notify the Central Investigating Judge who, within 72hours, must confirm or revoke the Minister's order. In this there is nodifference between the bill and Law 56/1978. The former maintains theexclusive jurisdiction of the Audiencia Nacional and its investigatingjudges over crimes of terrorism. At present these same judges are unableto exercise effective judicial control over detainees in police custodyand the bill makes no provision for improving this situation.

1.2 13

The possibility of the extension of the 72-hour period to 10 days,provided for by the bill in a state of emergency (estado de exact cidn)gives even greatercause for concern.

III MEDICAL REPORT

In this case the executive may, under Article 31 of the bill, arrestanybody if it thinks this is necessary for maintaining order ("si loconsidera necesario ara la conservacicin del orden"). The Article saysexplicitly that those detained enjoy the rights under Article 17, para-graph 3 of the 1978 constitution, the most important of which is the rightto counsel during police and judicial investigation. However, thisright might well be meaningless since the detention under Article 31 neednot be connected with an investigation. It would be cynical to think thatthere is no need for assistance by counsel in such a circumstance, espec-ially since there does not seem to be any provision for judicial controlover administrative internment during a state of emergency. However,Article 17, paragraph 3 guarantees the right to counsel only in connectionwith police and judicial investigation ("en las dili encias oliciales*udiciales )

The situation is even more disquieting with regard to the thirdgrounds permitted for using 10-day executive detention, provided for inArticle 48, 1 of the bill in the case of state of siege ("estado desitio") - an extreme form of emergency. In this case it is the militaryforces who are competent to detain anybody if they think this is neces-sary for maintaining order, and they may also suspend their rights underArticle 17, paragraph 3 of the constitution. If they do, the detaineehas neither a right to counsel nor even the right to be informed why heor she is being detained.

As far as remedies against police violations of constitutionalguarantees (any crimes committed by the police in the performance oftheir duties) are concerned, the bill provides that the decision to openproceedings against police officers shall be taken by the ProvincialCriminal Courts (Audiencias Provinciales). This special competence, whichis already on the statute book, has, as explained in Chapter II of thisreport, been of little value. This bill does nothing to improve thesituation of detainees seeking redress.

Amnesty International is concerned lest the Pro ecto de Le Or einicasobre la Se ridad Ciudadana, at present pending before the Cortes, willperpetuate and strengthen these features of Spanish law which facilitatethe maltreatment of detainees.

The aim of the mission was to establish whether maltreatment had takenplace in Spain during the period under review. To this end, the medicaldelegates, two Danish doctors, interviewed 13 people who alleged thatthey had been maltreated, selected by a staff researcher from AmnestyInternational's International Secretariat, A 14th person selected bythe staff researcher did not, in the event, come to be interviewed.This report is based on the interviews with the 13 people selected, andon an interview with one other, a woman, living with one of the selectedpeople who accompanied the selected person to the interview and statedthat she, too, had been maltreated. The wife of another person also metthe delegates and alleged that she was threatened and harrassed while incustody. For lack of verifiable data, this case, has, however, not beenincluded in this report. Amnesty International's staff researcher waspresent throughout the interviews. Of the 14 cases, 13 had been detainedat the police station for from seven to 10 days, an average of nine days.They reported that they had been maltreated for periods varying from twoto 10 days, on average seven days. One had been transferred to a hospitalthe day after being detained for over 15 hours, for treatment of injuriesallegedly sustained while in police custody. Their age range was 18 - 39years, average 27 years. All were men except for one woman. Four hadbeen released immediately after the alleged maltreatment. The other 10were transferred to a prison and released after three weeks to five months,on average nearly four months. All the examinations were conducted between23 and 28 October 1979 in Barcelona, Bilbao and Madrid. All the individ-uals examined stated that they had been maltreated for from four to 13months, on average seven months, before the examinations. The medical datahas been checked against legal documentation where available.

Method

All the interviews were conducted by means of a questionnaire preparedbeforehand on the basis of experience acquired from examinations of torturevictims elsewhere.* The emphasis was on obtaining information about theforms of alleged maltreatment and on the resulting physical and mentalsymptoms which this had caused. The interview included questions about thevictims' previous state of health and any injuries before the alleged mal-treatment. The interviews lasted for from one to four hours, on averagetwo and a half hours. The delegates tried, as far as possible, to get thevictims themselves to describe the forms of maltreatment they had sufferedand the nature of their subsequent symptoms. This information was thensupplemented by responses to non-suggestive questions. None of thoseexamined was aware in advance of what sort of questions they would beasked. The interviews were conducted by the two medical delegates, aidedby an interpreter. The Amnesty International staff researcher was presentat all the interviews.

* Evidence of Torture Studies b the Amnest International DanishMedical Grou , Amnesty International Publications, London 1977

Re ort of an Amnest International Mission to Northern Ireland (1977)Amnesty International Publications, London 1976

14 15

After each interview a physical examination, including neurologicalexamination, blood pressure measurement and opthalmoscopy were carriedout. In addition, a psychiatric evaluation was made. The medical exam-inations were carried out by the two medical delegates without an outsideinterpreter, as one of them speaks Spanish. A description of the object-ive findings of this examination is included in the individual casereports only in cases where abnormalities were found. Only one of thepeople examined (case number 9, a doctor) can be assumed to have had anunderstanding of the significance of the questions asked, the symptomsdescribed and the tests performed.

Eight people stated that they had had to endure h sical exhaustionby being forced to do gymnastic exercises and/or maintain an uprightposition for prolonged periods. Deprivation of food was alleged innine cases.

A report was made after each examination and these reports aresummarized later in this chapter. The data constitute the statementsgiven to the mission. In each case, the medical delegates compared theinformation about the alleged maltreatment with the nature and durationof the symptoms described, as well as with any available medical sub-stantiation by local doctors (for example medical certificates) and anyabnormalities found during the physical examinations. On the basis ofthis, and the knowledge acquired during examinations of torture victimsin other countries, a conclusion was drawn in every case about theconsistency between the alleged maltreatment, the symptoms described,the available medical documentation by local doctors and the signs foundby the medical delegates.

Fourteen people stated that they had suffered h sical maltreatment;12 people stated that they had been hit on the head; 13 peoplestated that they had been struck on the body; five people statedthat they had been struck in the genitals; five people stated thatthey had been hit on the soles of their feet (falan a); seven peoplestated that they had suffered finger torture. Their descriptionsof the last are identical: pencil shaped objects are pushed betweenthe victim's fingers, which are then pressed hard together.

Ten people stated that they had been subjected to la barra (the bar).The descriptions of this too are identical, except in cases 3 and 10(see the description of these oases). The wrists are handcuffed, thenlowered in front of the legs, which are in maximum flexion at theknees and hips. Then a bar is pushed behind the knees and in frontof the elbows. The bar is lifted and suspended between, for example,two tables, so that the victim is left hanging head downwards. Thussuspended and suffering great pain as the wrists are resting on thebar, the victim was in some cases maltreated in other ways too, forinstance by blows or electric shocks.

T es of maltreatment alle ed

All those interviewed had been arrested under the provisions of theanti-terrorist legislation (see Chapter II) and subsequently detainedin a police or Guardia Civil station. In each case the alleged mal-treatment took place during this period of police detention whichlasted between half a day and 10 days. The alleged maltreatment tookplace in five different police stations or stations of the GuardiaCivil in three cities. The identity of the examined people and thefact that they were detained has been checked by the Amnesty Internationalstaff researcher.

Thirteen people stated that they had been subjected to threatsto themselves or to their next-of-kin.

Five people stated that they had been viotims of mock executions,an unloaded pistol having been held against their heads and fired.

Five people stated that they had been subjected to electric shocks,the electrodes being either uncovered leads or plugs meant forinsertion into wall sockets. The leads are connected to a trans-former-like, or telephone-like instrument. The electric currentis applied in a series of up to 10 short shocks, each lasing a fewseconds. The electrodes are applied to the head, body and/or limbs.

Three people stated that they had been subjected to la moto (themotorcycle). All the descriptions of this are identical: the victimis seated on a chair, wrists handcuffed behind the back of the chairaThe legs are brought around to the sides, the hips and kneAs flexedas tightly as possible. Then the legs are raised and put on chairsset on each side of the victim, causing intense pain in the knees.Further pain is induced by prAssing the calves against the thighs.In all thrAe cases, it was said, the victim was made to wear a helmetwhich was hit repeatedly, producing a deafening noise inside.

Five people stated that they had been subjected to semi-suffccation;their heads having been covered with a plastic bag or blanket.One person stated that he had been threatened with la baiiera

(the bathtub): the forcing of the victim's head into a bathtubfilled with a mixture of water, blood, vomit, excrement and foodremnants and keeping the victim there until nearly suffocated.

One person stated that he had been half strangled by mock han in .

Eleven people stated that they had had to endure mental exhaustionthrough deprivation of sleep, by repeated interrogations and or bybeing made to remain standing between interrogation sessions. Inall of these cases prisoners were deprived of sleep for long periods,sometimes for as long as several days. However, it was not possibleto record with complete accuracy the amount of sleep permitted inevery case.

Ten people stated that they had been subjected to other forms ofmaltreatment, such as being stretched between two tables or beingstretched at the knees, suspended in another way than la barra orpulled around by the hair.

Two people stated that they had been subjected to el uir‘fano (theoperating table). This involves the victim being laid on a tableand held firmly in such a position that the top part of the bodyhangs over the edge of the table. The victim is then often beatenall over the body.

16 17

Seven people stated that they had been subjected to humiliations,especially by means of verbal insults to them or to their next-of-kin. Several stated that the cells or the toilets were filthy, anda number that permission to go to the toilPt was restricted. Moststated that the chances of keeping clean were minimal. One manreported having been forced to dress and undress sPveral times inthe presence of police officers.

to a jaw fracture. The person concerned reported having receivednumerous direct blows and kicks to the head.

In another case (number 11) the medical delegates found abnormalityon otoscopy in a person who reported direct blows to the ear.

Available medical documentation b local doctorsLa moto was reported as a method of maltreatment only by peoplefrom Barcelona, and the infliction of electric shocks only by peoplefrom Bilbao. Otherwise the descriptions by the people interviewedin the three different cities of the alleged forms of maltrPatmPntwere very similar.

Descri tion of s m toms and si s

In this report the term "symptoms" means any change in the person'sphysical and/or mental health, as observed by himself/herself."Transient symptoms" means symptoms occurring during the maltreatmentand the next few weeks, which were not apparent at the time of examin-ation by the Amnesty International delegation. "Persistent symptoms"means those that were apparent at the time of examination. Objective,verifiable findings as recorded by doctors are called "signs".

In 11 cases (numbers 1,2,3,4,7,8,9,10112,13 and 14), those examined hadmade complaints to the appropriate judicial authorities about theiralleged maltreatment during interrogation at the police station. AmnestyInternational was told that six of these people were examined by doctorsappointed by the authorities. In all six cases the complainants statedthat when they had this examination they still bore the marks of maltreat-ment. The medical delegates were unable to see the results of the examina-tion in five of these cases, either because the doctors did not make areport available or, in some cases, because the report was part of theevidence in actions pending against the police. Under Spanish law suchreports are held by the court until after the case has been settled.

The authenticity of the following medical documentation has been chPckedby the Amnesty International staff researcher.

Alle ed transient s m toms

In three cases (numbers 1,7 and 8) there was written medical evidencefrom local doctors, immediately after release from the police station.It is evident from these reports that signs in complete accordance withthe alleged maltreatment and described symptoms were found in all threecases.All those examined described pain of varying duration after the direct

blows • They mentioned headaches, haematomas and swellings at theinjured places. A few reported also suffering from parasthesias, numbnessand tremors. Case 1

Two people (numbers 1 and 4) reported blood in their urine (haema-turia) after maltreatment.

Two people (numbers 8 and 9) reported that they had lost conscious-ness several times after direct blows on the head.

Medical re ort dated one da after release (issued by doctor number 1)

Injuries to the chest and abdomen.

Fracture of the ninth rib on the left side.

Apparently, haematuria due to injuries.One person (number 6) reported that she had lost consciousnessseveral times and that she had lost all sense of time after lengthyphysical and mental maltreatment.

Alle ed ersistent s m toms

The persistent mental symptoms described at the time of examination wereanxiety, irritability, difficulty in concentrating, nightmares and sleepdisturbances in seven cases (not including number 10, see below).

Medical re ort dated two da s after release (issued by doctor number 2)


Fissure in the 10th rib on the left side.

Two people reported persistent sexual difficulties.

Left-sided haemothorax (ie blood in the pleural cavity).

Bruises and haematomas on the anterior and posterior aspects of thechest, both forearms, left shoulder, both knees, both thighs, bothfeet and in the left mastoid region.Two people (numbers

they had difficulties inshort time. None of the

4 and 6) stated that, at the time of examination,reading, the letters becoming blurred after aothers reported such symptoms.

Si s found b Amnest International medical dele ates

In one case (number 7) the medical delegates found obvious sequelae

Chest radio ra h dated two da s after release (issued by doctor number 3)


Fissure in the 10th rib on the left side and left-sided haemothorax.

18 - 19 -

Case a blood clot in the right external meatus was described, making itimpossible to inspect the ear-drum. However, audiometry (by doctornumber 8), about seven months after the alleged maltreatment, showeda conductive hearing loss of 20 - 25 dB in the right ear. Thesefindings may be sequelae to the alleged maltreatment.

Medical re ort on an examination done two da s after the alle edmaltreatment issued by doctor number 4

"I certify: that on 21 September 1978 I saw Sr. Don Josi Luis DelpechValle in the Centro Quiricrgico, Pere Camps. I diagnosed a doublefracture of the left lower maxilla (mandible). On 22 September 1978in the above mentioned Centre, and under general anaesthesia, a red-uction and fixation of these fractures was carried out with bimaxil-lary wiring and an elastic intermaxillary fixation. The patientshould receive post-operative care for approximately 60 days."

Discussion

The medical delegates examined 14 people who claimed that they hadsuffered maltreatment in connection with interrogation in variouspolice stations in three different Spanish cities.

This person had been transferred from the police station to ahospital for an operation because of his injuries.

Case 8


Neck stiffness due to tender, contracted muscles.

Tenderness to percussion of the spine, most marked at the10th thoracic vertebra.

Post-traumatic arthritis of the left temporo-mandibular joint (jaw).

In two cases (numbers9 and 10) the medical delegatos cannot findany definite inconsistency between the alleged maltreatment and the symptomsdescribed, but it was striking that these people were the only two casesto develop hallucinations, which were similarly described. Because ofthis element of uncertainty, the medical delegates have excluded thesecases from their overall evaluation.

In the remaining 12 cases, Amnesty International medical delegatesconsidered that the medical findings were consistent with the allegations;in particular,there was consistency between the methods of maltreatmentalleged and the symptoms described.

The descriptions by the people interviewed in the three differentcities of the alleged forms of maltreatment were very similar.

Haematomas and scars on the anterior aspect of both knees and lowerlegs. The symptoms described in these 12 cases correspond to the descrip-

tions given by torture victims from other countries subjected to similarkinds of maltreatment.

wrists.

da after release (issued by doctor

In three cases (numbers 1,7 and 8), there is documentation by localdoctors, dated immediately after the alleged maltreatment, fully confirm-ing these peoples' descriptions of the symptoms resulting from themaltreatment. In one of these cases, moreover, the medical delegatesfound the sequelae to a jaw fracture, as described in the medical doc-umentation. Apart from the availability of documentary medical evidence,these three cases are very similar to the other nine.

on otoscopy (confirmingreported having receivedbe a sequela to the

The medical delegates found abnormalitiesdocumentation by local doctors) in case 11 whodirect blows to the ear. This abnormality mayalleged maltreatment.

Haematoma in the right parietal region (top of skull).

Minor scars after first- and second-degree burns in both fronto-parietal regions.

Ecchymoses (small bruises) on both

A s chiatric evaluation dated onenumber

"In my capacity as a specialist in psychiatry I have examined (casenumber 8), as he is in a state of mental weakness, combined withasthenia and anorexia, has difficulty in following a train of thoughtand has lost his ideational ability.

There has been a change also in sleeping pattern, as well asemotional lability and slowness of verbal expression and intellect.

In the Wechsler (Weis) test he scored an IQ of 45test, and an IQ of 105 in performance ability.

Thus, there is great asymmetry between the verbal and performancetests, indicating a mental/organic debility.

According to what the patient says, this debility may be due tomaltreatment by the police who detained him for nine daysP

in the verbal

Case 11

There was medical documentation (issued by doctor number 7) datedabout three months after the alleged maltreatment. At otoscopy

The fact that medical documentation from local doctors is onlyavailable in the four above-mentioned cases should be viewed in the lightof the fact that nine out of the 14 cases were transferred directly toprison from police detention. Four cases (numbers 1,2,8 and 14) werereleased after police detention, and medical documentation dated immediatelyafter release is available to Amnesty International on two of these cases(numbers 1 and 8). In another of these four cases (number 14) medicaldocumentation exists but is not available for legal reasons. One case(number 7) was transferred to hospital from police detention before transferto prison, and in this case too medical documentation is available toAmnesty International.

The fact that no abnormalities were found during medical examinationof the other cases must be viewed in the light of the nature of the allegedmaltreatment and the interval of from four to 13 months between its occur-rence and the medical examination.

20 21

Summar of the findin s Individual Case Histories

On the basis of the examination of 12 people who reported that they hadbeen maltreated Ln connection with interrogations in various policestations in three different Spanish cities, the medical delegatesemphasize;

The mission delegates interviewed 14 former prisoners. The details ofeach case are presented individually ahd are divided into separate sections,covering the legal background to the case, details of age and state ofhealth before arrest, allegations of maltreatment, transient and persis-tent symptoms, medical documentation and conclusion.In all cases the medical findings were consistent with the allegations;

in particular there was consistency between the methods of maltreat-ment alleged and the symptoms described by the person interviewed. Case number 1

In three cases there is documentation by local doctors, datedimmediately after the alleged maltreatment, fully confirming thesepeople's descriptions of the symptoms resulting from the maltreatment.Apart from the availability of documentary medical evidence, thesethree cases are very similar to the other nine.

The descriptions by the people interviewed in three different citiesof alleged maltreatment were very similar.

The symptoms described correspond to the descriptions given bytorture victims from other countries subjected to similar kindsof maltreatment.

Conclusion

On the basis of all the evidence obtained by the mission, and in partic-ular the medical report, Amnesty International finds that maltreatmentamounting to torture has occurred in police stations in Madrid, Barcelonaand Bilbao between September 1978 and June 1979.

Emilio Mariano Ging6 Santidrian, a 32-year-old architect living in Madrid.He gave the Amnesty International delegates the following account. Hewas arrested at approximately 2.30 am on 11 February 1979 in the streetafter leaving a dinner party attended by some of his friends and was inperfect health. He was taken by 10 to 12 policemen in four cars to theDireccid6 General de Se ridad (Security Headquarters) in the Puerta delSol in Madrid. He was taken to a room where officers of the Cuer o Generalde Policia (Police) began to punch him in the stomach and face and pulledhis hair, at the same time urging him to confess that he was a member ofEuskadi Ta Askatasuna (ETA), Basque Homeland and Liberty, or at least hadsome connection with the organization and its activities. Emilio Ginessays he denied these accusations and was transferred to another room wherehe was treated in the manner described below. Later that day, betweenfurther interrogation sessions, he was forced to sign a document about asearch of his house, where nothing incriminating had been found.

Further interrogations followed and during the night of 15/14 Februaryhe was examined in the jail by a doctor who diagnosed a strained groin.On 15 February Emilio Gings, who had become incontinent, noticed that hewas urinating blood. That night he was examined by a woman doctor whotook samples of his urine and told him that he had two broken ribs aswell. While in detention in the Puerta del Sol, Emilio Gino's was seenby four or five doctors and was x-rayed. Finally, on 18 February afterseven days of interrogation, interrupted by brief periods in a cell, thepolice decided to suspend any further questioning.

On the morning of 19 February 1979, Emilio Ginees was brought beforethe Judge of Instruction Central Number 2 of Madrid who, as soon as heheard his and the police statement, ordered his immediate unconditionalrelease.

Once he was released, Emilio Girlie visited various doctors and ob-tained medical evidence to corroborate his allegation (see below). Healso prepared a brief description of 10 individual police officers whowere involved. On 14 March 1979 a criminal charge against the police forcoercion and injuries was presented to the Judge of Instruction, but todate no action has been taken.

During his eight-day detention Emilio Gine's was held totally incom-municado without any form of legal assistance.

- 22 - - 23 -

Personal details

Male. Aged 32. Brother of Case number 2.

State of health before arrest

Describes the followin transient s tomes

Operation for inguinal hernia on the left side. Otherwise ingood health.

Medical aid durin detention

Pain after the direct blows. A severe sensation of suffocationwhile suspended over the heater and while his head was covered withthe plastic bag. Haematomas all over his body. Considerableswelling of his hands, genital region and feet up to the medicalmalleolus, lasting for a week or two. Severe pain in the left sideof the chest. Pain in the left side of the abdomen and blood inhis urine for about a week. Nightmares and disturbed sleep.

Three medical examinations, including x-rays, during policedetention. No reports are available to Amnesty Internationalon these examinations.

Describes the followin ersistent a toms:

Period durin which alle ed maltreatment took lace

Eight days, first quarter of 1979.

Im risonment

Periodic occipital headaches. Constant mild pain in the left sideof the chest. Periodic swelling, tremor, parasthesias and impairedcoordination of the right hand. Irritability, inhibitions overcontact with others and anxiety.

Arrested 11 February1979. Detained incommunicado and in solitaryconfinement in a police station for eight days, after which he wasreleased.

Medical documentation


Injuries to the chest and abdomen.


Apparently, haematuria due to injuries.Alle es havin been sub'ected to the followin :

Threats

Threats of execution and suffocation. Threats to arrest his wifeand treat her in a similar fashion and to summon his relatives tobe present during his maltreatment.

Ph sical exhaustion

The food was bad and insufficient.

Ph sical maltreatment

Medical re ort dated two da s after release (issued by doctor number 2)


Fissure in the 10th rib on the left side.

Left-sided haemothorax (ie blood in the pleural cavity).

Bruises and haematomas on the anterior and posterior aspects of thechest, both forearms, left shoulder, both knees, both thighs, bothfeet and in the left mastoid region.

Hit all over his body, including on the head and in the genitalregion, with fists and rubber truncheons. Suspended for long sessionsfrom la barra (once all night), sometimes while being held over aheater with a plastic bag over his head. Sometimes in this positionhe was jabbed in the neck with a truncheon which was also forcedinto his mouth. Falan a while suspended from la barra. Fingertorture. Stretched between two tables with his hands handcuffed tothe table legs. On at least one occasion a crash helmet was placedon his head and it was beaten very hard with truncheons, producinga deafening noise inside.

Chest radio ra h dated two da s after release (issued by doctornumber 3


Fissure in the 10th rib on the left side and left-sided haemothorax.

Conclusion

Humiliations The medical delegates find consistency between the alleged maltreat-ment and the symptoms described. There is also consistency betweenthe reported symptoms and the description in the medical documentation.Verbal. His cell was very dirty. There was no means of keeping

clean. Insufficient access to the toilet.

24 25

Case number 2 Describes the followin transient s m tomstJulio Gias Santidrian the 26-year-old younger brother of Emilio Gillis, Swelling and pain after the blows he received, especially on hisliving in Madrid, was arrested by police at 10.00 am on Sunday, 12 February feet and fingers. Fear of being alone. Anxiety, nausea and1979 in the home of some relatives. He gave the Amnesty International aversion to food.delegates the following account. He was taken by car to hie own home whichwas searched without result and was then detained in the Direccien General Describes the followin ersistent s m toms:de Se ridad in the Puerta del Sol, Madrid.

Daily headaches. Anxiety attacks, especially at night. PersecutionHe was given two sessions on la barra and was accused of being a complex. Nightmares. Waking up in fear. Fear of going out alone.member of, or at least of having oonnections with, ETA. When he wasbrought before the Judge of Instruction Central number 2 on 19 February,he was, like his brother, immediately released. He, together with his Conclusionbrother, is prosecuting the police. During the seven days of his deten-tion he was held totally incommunicado without legal assistance of any The medical delegates find consistency between the alleged maltreat-sort. ment and the symptoms described.

Personal details

Male. Aged 26. Brother of Case number 1.


Good.


Two periods of three to four hours each time, first quarter of 1979.

Im risonment

Arrested 12 February1979. Detained incommunicado and in solitaryconfinement in a police station for seven days, after which he wasreleased.

Alle es havin been sublected to the followin :

Threats

Threats of further maltreatment.

Ph'sical exhaustion

The food was almost inedible. The cell was cold.


Smacked on the head. Punched on the limbs and back. La barra.Pulled around the interrogation room by his hair. Finger torture.

Humiliations

There was no means of keeping clean.

- 26 - - 27 -

Case Number Im risonment

Jose' Manuel Grifoll Sentis, a 30-year-old teacher of physics at theInstituto Menihdez Pelayo in Barcelona. He also ran a small shop inpartnership with others which provided printing and copying services.He gave the Amnesty International delegates the following account. Onthe morning of 22 February 1979 he was arrested by the police and takenby car to the main Barcelona police station in the Via Layetana. Onarrival he as taken upstairs and accused of beinz a terrorist, specifi-cally of belonging to the Partido Comunista Es anol (I) (PCE(I) - this isnot the official Communist Party . Three or four policemen proceededto interrogate him in the manner described below. He was held incommun-icado, without legal assistance of any sort, for 10 days, under theprovisions of the anti-terrorist legislation.

Arrested 22 February 1979. Detained incommunicado and in solitaryconfinement in a police station for 10 days, after which he wastransferred to a prison. Released after four months' imprisonment.

Alle es havin been sub ected to the followin

Threats

Threats of execution and maltreatment of hie wife.

Mental exhaustion

At the end of this period he was brought before the duty judge ofinstruction in Barcelona who informed him that the Judge of Instructionto the Audiencia Nacional (the national court) in Madrid, who is thecompetent authority, was prosecuting him (Sumario -indictment- 43/79 of5 March 1979) for attempted murder and attempted damages and also forpossession of explosives. He was transferred to La Modelo prison inBarcelona and for the first time received legal assistance. He thenalso received medical assistance.

Total deprivation of sleep for the first four days. Interrogatedbut not maltreated during the remaining six days of his detention.During interrogation he had to stand upright. He was left in hiscell for only short periods and suffered from severe lack ofsleep.

His lawyer then started proceedings, alleging torture by the policeand denial of his constitutional rights to legal assistance while indetention. The accusations made by the Judge of Instruction of theAudiencia Nacional were strongly contested on the grounds of, among otherthings, a complete lack of material evidence.

Ph sical exhaustion

Forced to stand throughout entire interrogation periods.


Punched on his head and body. La moto. A typewriter cover wasput over his head and traction applied to his legs. Placed onla barra but not suspended.

Jose Manuel Grifoll was released in June 1979 after four months ofimprisonment, no further charges being brought against him nor any evi-dence being produced for the initial charges. His proceedings againstthe police remain unresolved.

Describes the followin?' transient s m toms:

Pain after the direct traumas. Severe sensation of being suf-focated while his head was covered. Violent pain and swelling ofthe left knee for a month. Pain in the left knee for one to twomonths. Audible clicks in the left knee during the same period.

Personal details

Male. Aged 30.


Good.


Describes the followin ersistent s m toms:

None.

Conclusion

The medical delegates find that there is consistency between thealleged maltreatment and the symptoms described.

Examined by a doctor appointed by the authorities in La Modelo prison,Barcelona. The examinations took place 10 days and one month afterthe arrest. The reports have not been made available to AmnestyInternational.

a.


Four days, first quarter of 1979.

28 — 29 -

Case NumberIm risonment

Josi Orive Velez, an 18—year—old clerk, working in Barcelona, wasarrested at gunpoint in the Ramblas (one of the main avenues of Barcelona)on 27 February 1979. In his subsequent statement to the court he claimedthat he was beaten up by the arresting officers in a doorway before beingtaken by car to the main police station in the Via Layetanain Barcelona.He gave the Amnesty International delegates the following account. Onhis transfer from the car to the offices he was forced to run the gauntlet between the two lines of officers who kicked and punched him. He was in—formed that he had been arrested under the anti- terrorist law and there—fore would be held completely incommunicado, without legal assistance.He was then interrogated in the manner described below. He was seen onceby a man dressed as a doctor. He demanded additional visits, but thesewere denied.

Arrested 27 February1979. Detained incommunicado and in solitaryconfinement in a police station for 10 days, followed by nine days'incommunicado detention in solitary confinement in prison. Releasedafter four months' imprisonment.


Threats

Threats that his parents would be arrested.

Mental exhaustion

On 0 March he was transferred to a cell in the fifth gallPry of LaModelo prison in Barcelona where he was held in complete isolation,still without legal assistance, for a further nine days.

In the course of the first eight days, he was allowed, at most,two hours' sleep each night.

Ph sical exhaustion

Insufficient and almost inedible food. His cell was cold. Hismattress and blanket were removed during the daytime, and severaltimes at night also.

An appeal made by his lawyers, briefed by JosiOrive's parents, tothe duty judge on 6 March to permit a lawyer to see him in the policestation was ignored, despite guarantees contained in, among other things,the Spanish constitution.

Ph sical maltreatmentOn 15 March 1979, the Judge of Instruction to the Audiencia Nacionalin Madrid, who is the competent authority, charged him with having com—mitted damages. with explosives. This and other accusations involvingunnamed people were forcefully rebutted by the defendant's lawyer on 24March. ile was released in June after over four months in jail. Duringthe last four or five days in prison he received minimal medical attention.

Beaten and kicked all over the body while handcuffed. Head beatenon the floor. He was then manacled to a chair with a motorcyclehelmet on his head. Two police officers proceeded to beat him on thehead with a large truncheon and heavy telephone directory. He wasput on la barra, his head covered with a plastic bag, where he wasbeaten again with a truncheon on the head and body and kicked inthe genitals.- .Fiinger-torture.La moto and punched in the stomachto wind him while his nose and mouth were covered. Pulled by thehair.

An accusation charging the police with torture, under Article204(bis) of the penal code, in accordance with Law 31/78 of 17 Julyremains unanswered.

Humiliations

He was unable to keep clean. He was allowed to use the toiletonly two or three times a day, so several times he had to relievehimself in his cell.

Describes the followin transient s m toms:

Personal details

Male. Aged 18.


Good. No previous head injuries.


One visit by a man dressed as a doctor during police detention. Noadditional visits in spite of requests. Minimal medical attentionin prison. It is unknown whether a medical report was made.


Periods of confusion and lack of orientation during his stay in thepolice station. Pain all over after direct blows. His handswere swollen, with haematomas and bleeding from sores. The swell-ing persisted for three weeks. He had pain when moving his handswhich lasted for five weeks. His knees were swollen and achedwhen he walked for about four weeks. On his fifth day at the policestation he had haematuria for half a day. His genitals were quiteswollen and tender for about two weeks.

Eight days, first quarter of 1979. Describes the followin ersistent s m toms:

Periodic stabbing retrosternal pain of a few seconds' duration.Constant headache, aggravated by reading. Tendency to rapid fatigue

30 - - 31 -

when reading, as well as blurring of the letters. Episodes whenobjects suddenly become hazy. Tendency to rapid fatigue whenconcentrating. Sleeps more than previously. Has periods of de-pression. Has anxiety attacks and is afraid of going out alonein the evening. Disturbed sleep.

Case number

Conclusion

Juan Mateu Martnez, a 34-year-old public relations officer working inBarcelona, was arrested on 5 March 1979 in the street, when he wasleaving for work. He gave the Amnesty International delegates thefollowing account. He was taken directly to the main Barcelona policestation in the Vfa Layetana, without being allowed to let his employersknow what had happened.

The medical delegates find consistency between the alleged mal-treatment and the symptoms described.

As soon as he arrived he was accused by the police of belonging toa bri ada de accidn (action brigade) which had been involved in terroristincidents and of collaboration with armed groups. The police claimedthat they had been following him for six months and had a complete recordof his movements. They then proceeded to interrogate him in the mannerdescribed below.

The Judge of Instruction to the Audiencia Nacional in Madrid, usingthe powers granted to him by the anti-terrorist laws, ordered Juan Mateutsunconditional provisional imprisonment pending the investigation of thecharge of collaboration with armed groups. Under these powers he was heldincommunicado without any legal assistance for 10 days before being trans-ferred to La Modelo prison in Barcelona. He was seen by a doctor on histransfer to the prison. While he was incommunicado in the police stationhis lawyer began proceedings claiming illegal detention because he didnot have legal assistance. These proceedings have not been settled.

Juan Mateu was released from prison on 4 July 1979 by order of theAudiencia Nacional, after being held for four months. They decided "tocancel with all its legal consequences this preventive measure", thussetting aside the original order. This ruling was made in response to anappeal made by the defence, claiming that, because the original indictmentreported imprecise and unconnected events, the right of the defence wouldbe impeded, since it was possible to defend someone properly only againstspecific and factual charges.

The court accepted that from the evidence available there was "noteven the slightest reasonable indication of presumed criminal respons-ibility" for the acts of which he was accused.

Personal details

Male. Aged 34. Cohabiting with Case number 6.


Good.


Seen by a doctor on his transfer to La Modelo prison. The medicalreport has not been made available to Amnesty International.


Some maltreatment during first three days, much worse duringfollowing five days of detention, first quarter of 1979.

- 32 - 33

Im risonment Case number 6

Arrested 5 March 1979. Detained incommunicado in a polioe stationfor 10 days, the first eight of which were spent in solitary con-finement. For the last two days he shared a cell with case number 6.Transferred to prison after these 10 days. Released after fourmonths' imprisonment. _

Marfa Teresa Sol Cifuentes, a 39-year-old mother of two children aged13 and 11, living in Barcelona, was arrested by the police in Barcelonaon 5 March 1979 and taken to the main police station in the Vfa Layetana.She gave Amnesty International delegates the following account. Shewas accused of collaborating with armed groups and aoting as a look-outfor them. She was taken before a senior police officer who asked her ifshe recognised him. When she replied in the affirmative he proceeded toinsult her. She was then taken to another office where police proceededto interrogate her in the manner described below. A search of her houseproved negative.

Alle es havin been sub ected to the followin s

Threats

Threats to kill him.

Mental exh ustion

Total deprivation of sleep for five days.

Ph sical exhaustion

The Judge of Instruction to the Audiencia Nacional, using the powersgranted to him by the anti-terrorist awe, or ere er unoonditional pro-visional imprisonment, pending investigation of the charge of collaborat-ion with armed groups. Under these powers she was held incommunicado,without legal assistance, for 10 days. She was once seen by a doctorafter she had fainted. After 10 days' police detention, she was trans-ferred to La Trinidad prison in Barcelona. While incommunicado in thepolice station, her lawyer began proceedings claiming illegal detentionbecause she did not have legal assistance. These proceedings have notbeen settled.

Gymnastic exercises; forced to walk around the interrogation roomwith flexed knees and hips, his hands handcuffed behind his back.The food was inedible.


Beaten and kicked all over his body. Finger torture. Semi-suffocation from time to time when a blanket was fastened overhis head.

Humiliations

Marfa Teresa Sol Cifuentes was released from prison on 9 June 1979after being held for three months by order of the Audiencia Nacionalin Madrid. They decided "to cancel with all its legal consequences thispreventive measure", thus setting aside the original order. This rulingwas made in response to an appeal made by the defence, claiming that,because the original indictment reported imprecise and unconnected events,the right of the defence would be impeded, since it was possible to defendsomeone properly only against specific and factual charges.

The cell was dirty and infested with rats. There were very fewmeans of keeping clean. The court accepted that, from the evidence available, there was

"not even the slightest reasonable indication of presumed criminalresponsibility" for the acts of which she was accused.Describes the followin transient s toms:

Pain at the sites subjected to direct blows. A sensation of suf-focation on having his head covered with a blanket. Severe painin the right side of his chest.

Describes the followin ersistent S m toms:

Personal details

Female. Aged 39. Cohabiting with Case number 5.

State of health before arrestPeriodic mild pain in the right side of his chest.

Malaria in 1964; no sequelae. Operation for appendicitis.No previous head injuries.

ConclusionMedical aid durin detention

The medical delegates find consistency between the alleged maltreat-ment and the symptoms described. Was seen once by a doctor after she had fainted. The medical

report has not been made available to Amnesty International.


Five days starting from the second day in police detention, firstquarter of 1979.

- 34 -- 35 -

Im risonmentCase number

Arrested 5 March 1979. Detained incommunicado in a police stationfor 10 days, the first eight of which were spent in solitaryconfinement. For the last two days she shared a cell with casenumber 5. Transferred to prison after these 10 days. Releasedafter 3 months' imprisonment.

JoseLuis Del ech Valle, 19 years old, was arrested on the night of 19September 1978 in the Plaza General Mola in the town of Hospitalet deLlobregat, which is near Barcelona. His arrest followed the dispersalof a procession to the town hall, following a service in memory of aboy shot a week before during a demonstration in Barcelona. He gave theAmnesty International delegates the following account. He was taken atgunpoint to the local police station, where he was treated in the mannerdescribed below.


Threats

Threats of being burnt with cigarettes. Mock execution.

Mental exhaustion

Complete or partial deprivation of sleep for about five days. Shewas unable to be more accurate about this because, as stated below,she lost all sense of time.

Ph sical exhaustion

Did not eat anything for five days for fear of being poisoned.


La moto. A military helmet was then placed over her head. Whilewearing it she was beaten on the head with something heavy. Twoblankets were put over her head and tied firmly behind her back.Finger torture. Had fingers pressed in behind her ears.

After one night in the police station he was taken, handcuffed, tothe police station in the Via Layetana in Barcelona. On arrival he wasquestioned about his membership of political parties. However, becauseof hie very bad condition,he was soon transferred, still handcuffed, tothe Centro Quirtfrgico de Pere Camps (a hospital in Barcelona) where, on22 September,he was operated on to treat a double fracture of the jaw.

On 28 September a complaint (denuncia) of injuries and coercion wasmade to the court by his father against the police. After two weekshe was transferredfrom Pere Camps to La Modelo prison infirmary andthen to the prison itself. Finally, in February 1979, he was releasedfrom prison after five months' detention. No evidence was ever producedagainst him. No action has been taken over his complaint against thepolice, even though Jose' Luis Delpech states that he could recognisesome of the police officers in the station in Hospitalet and, furthermore,that he has even seen one of them since his release.

HumiliationsPersonal details

Male. Aged 19.


Verbal sexual humiliations. Between interrogation sessions shewas placed in a small, dirty, rat-infested cell in the cellarwhere the light was constantly on. She was unable to keep clean.The toilet was filthy. When 12 he was admitted to hospital for bronchitis. Has always

stuttered. Otherwise in good health.Describes the followin transient s toms:

Medical aid durin detentionLost consciousness twice during her stay in the police station,during the alleged maltreatment. Lost all sense of time and was onlyhalf conscious while in the police station. Swelling of her handsand pain, as well as restriction of movement, for a month after thealleged maltreatment. Her wrists were swollen and had sores onthem after being handcuffed. Suffered from chest pain for some timeafter the alleged maltreatment. Lost 10 kg while in the policestation. Started menstruating in the police station and the bleedingcontinued for a month.

Transferred to hospital after more than 15 hours in police deten-tion, where he remained for two weeks, after which he was transferredto the prison infirmary.


12 hours, third quarter of 1978.

Im risonmentDescribes the followin ersistent s toms:

Headaches. Tendency to rapid fatigue when reading. The lettersbecome blurred after she has been reading for about half an hour.Impaired memory.

Arrested 19 September 1978. Taken to hospital after more than 15hours' detention in a police station. Transferred to prison aftertwo weeks in hospital. Released after five months' imprisonment.

Alle es havin been sub ected to the followin :Conclusion

Ph sical maltreatmentThe medical delegates find consistency between the allegedmaltreatment and the symptoms described. Kicked and beaten with fists and truncheons on the head, body

and in the genitals, both while dressed and undressed.

3637

Taken back to the cell, etripped naked and offered a rope so thathe could commit suicide.Case number 8

Humiliations

Forced to undress and dress repeatedly.


Severe pain after the direct traumas, especially in the left jaw.Nightmares.

Xavier Onaindia Ribera, a 26- year- old doctor at the Cruces Hospital inBilbao, was arrested on 13 June 1979 when leaving his house. He wastaken to the Jefatura Su erior de Policta (main police station) inBilbao. He gave the Amnesty International delegates the following accountof his treatment. The police officers interrogating him accused him ofgiving medical treatment to ETA members and of "posting an envelope inGuernica". No specific accusations were ever made and no evidence ofcriminal activity was ever given.

He was held incommunicado in the police station for eight days,without any form of legal assistance. He was not seen by a doctor, eventhough he (falsely) pleaded that he had a heart disease. After theseeight days, he was brought before a judge on 21 June 1979 who ordered hisprovisional liberty as he could find no evidence that there was any caseto answer• However, he ruled that the Audiencia Nacional in Madrid, whomust authorize the detention of any suspect for more than 72 hours, shouldintervene if it possessed any evidence. It has not done so.


None.


Medical re ort on an examination done two da s after the alle edmaltreatment issued by doctor number 4

"I certify: That on 21 September 1978 I saw Sr. Don Jose LuisDelpech Valle in the Centro Quirdrgico, Pere Camps. I diagnoseda double fracture of the left lower maxilla (mandible). On 22September 1978 in the above mentioned Centre, and under generalanaesthesia, a reduction and fixation of these fractures was car-ried out with bimaxillary wiring and an elastic intermaxillaryfixation. The patient should receive post-operative care forapproximately 60 days."

Dr Onaindials treatment received wide publicity and his allegationswere substantiated by medical certificates issued within a day of hisrelease. Criminal proceedings (Dili encias revias 1736/79of 25 June)for torture were initiated in court, which received further publicity andwere discussed by the government officials responsible, the police andand judicial authorities.

Ph sical examination

Ten months after the complaint, and after persistent appeals to thepolice by the judge and the lawyers, an identification parade of police-men was held. Dr Onaindia identified positively three officers. How-ever, to date the judge has failed to issue the necessary order permit-ting the prosecution of these officers.Normal bite. Considerable deviation of the jaw to the right onmaximum opening of the mouth.

Conclusion

The medical delegates find consistency between the reportedmaltreatment, the symptoms described and the objective findings.Moreover there is the medical evidence of a mandibular fracture,contained in the report of an examination made on 21 September1978, two days after the arrest of Jose Luis Delpech.

Personal details

Male. Aged 26.


Good.


Not seen by a doctor, even though he (falsely) pleaded tLathe had a heart disease.


Nine days, second quarter of 1979.

Im risonment

Arrested 13 June 1979. Detained incommunicado in a police stationfor nine days, after which he was released.

-38-- 39 -

Haematoma in the right parietal region (top of skull).

Minor soars after first- and second-degree burns in both fronto-par-ietal regions.

Ecchymoses (small bruises) on both wrists.

Alle es havin been sub ected to the followin :

Threats

Mock executions. Threats.

Mental exhaustion

Total deprivation of sleep for 48 hours followed by partialdeprivation of sleep for seven days.

Ph sical exhaustion

A s chiatric evaluation dated one da after release (issued by doctornumber

Gymnastic exercises, including deep knee bends. Forced to walkaround the interrogation room with bent knees. Insufficientfood.

"In my capacity as a specialist in psychiatry, I have today examined(case number 8) as he is in a condition of mental weakness combinedwith asthenia and anorexia, has difficulty in following a train ofthought and has lost his ideational ability.

Ph sical maltreatment There has been a change also in sleeping pattern, as well asemotional lability and slowness of verbal expression and intellect.Beaten on the head with telephone directories. Hair pulled;punched, kicked and beaten with a stick on the head, body and

in the genitals. La barra. Electrical torture in the temporalregion. Brief shocks, 10 at a time. El uirdTano.

In the Wechsler (Wais) test he scored an IQ of 45 in the verbaltest and an IQ of 105 in performance ability.

Describes the followin transient s mntoms:Thus, there is great asymmetry between the verbal and performancetests, indicating a mental/organic debility.

During interrogation he lost consciousness twice after blows on thehead. After three days of maltreatment he suffered from periodic,violent cramps in both lege. Attempted treatment with glucose wasineffective. Swollen all over hie head and around the eyes. Haema-toma on the left side of the head and around both knees. Swellingof the lower legs. Bleeding excoriations around the wrists and onthe lower legs. Swelling of the wrists. Pain and swelling of thejaws. Pain and swelling of the back around the 10th thoracicvertebra. Small marks in both temporal regions. For two to threedays, severe headache, tinnitus in the left ear, difficulty infalling asleep and sleeping uninterrupted. Pain in muscles ofabdomen, both legs and neck. Difficulty in formulating ideas andconcentrating. Liable to weep. Weight loss of 9 kg.

According to what the patient says, this debility may be due tomaltreatment by the police, who detained him for nine days".

Conclusion

The medical delegates find consistency between the alleged maltreatmentand the symptoms described. In the medical documentation dated immed-iately after release, signs in full accordance with it are described.Although this person is a medical doctor who can be assumed to have anunderstanding of the significance of the questions asked, the symptomsdescribed and the tests performed, his testimony is confirmed by andin full accordance with the available medical evidence by local doctors.


Periodic feelings of persecution, anxiety and irritability. Slightimpairment of vision.



Neck stiffness due to tender, contracted muscles.

Tenderness due to percussion of the spine, most marked at the10th thoracic vertebra.

Post-traumatic arthritis of the left temporo-mandibular joint (jaw).

Haematomas and scars on the anterior aspect of both knees and lowerlegs.

40 41

Case number with a wooden stick. La barra. Electrical torture. Palen a.Finger torture. Suspension was handcuffed and lifted up with abar placed between the wrists). Mock execution. Torture withlights. Tight handcuffs.


Francisoo Arana Arrizabala a, 34 years old, was arrested in Bermeo (Vizoaya),a town in the Basque country, on 18 April 1979. He was taken by theGuardia Civil to La Salve Guardia Civil station. He was held incommun-icado, without legal assistance under the anti-terrorist legislation, byorder of the Judge of Instruction number 1 to the Audiencia Nacional inMadrid. He gave the Amnesty International delegates the following accountof his interrogation. After 10 days he was brought before the duty judgeof instruction in Bilbao to be charged and transferred successively toBasauri and Soria prisons. He was released on provisional liberty on 11September 1979.

Pain after the direct blows. Fainted twice. After two days ofmaltreatment, visual hallucinations: he saw water running down thewall towards him; his mother standing beside the bed; spidersmoving across the floor; the floor boards moving about. His feetwere swollen and walking was painful for a week. Pain in the leftside of the chest when breathing. Haematomas on the sternum andon the left side of the chest in the anterior anxillary line.

His lawyer started proceedings (Dili encias revias 1302/79) fortorture before a judge of instruction of Bilbao.

Personal details

Male. Aged 34.


In 1975 he took part in a 19-day hunger-strike. No sequelae.


10 days, second quarter of 1979.

Im risonment

His hands were numb for two months and swollen for two weeks. Soreson the wrists. Weight loss of about 5 kg. Slept very little andwoke at the slightest sound.


None.

Conclusion

Arrested 18 April 1979. Detained incommunicado in a police stationfor 10 days, together with his friend, case number 10, after whichhe was transferred to prison. Released after 4i months'imprisonment.

The medical delegates cannot find any definite inconsistency betweenthe alleged maltreatment and the symptoms described, but it wasstriking that this man was one of the only two cases to develop hal-lucinations, which were similarly described. Because of this elementof uncertainty, the medical delegates have excluded this case fromtheir overall evaluation.

Alle es havin been subsected to the followin :

Threats

Threats of electrical torture to the tongue and genitals, la baileraand having his ears cut off. Also threatened with execution.Mock execution.

Mental exhaustion

Severely deprived of sleep throughout the 10 days spent in thepolice station.

Ph sical exhaustion

He was handcuffed to the wall by one hand for long periods betweeninterrogation sessions, forcing him to stand upright. Very littlefood.


Punched all over the body, including the head. Beaten on the headwith telephone directories and on the abdomen, genitals and thighs

- 42 - 43

Case number 10 way with the rod stuck between the wrists and handcuffed behind theknees. Electrical torture all over the body, in the face and onthe tongue, while blindfold. Toothpicks were forced under his nails.Finger torture. Suspended by a leather strap under his armpits.Torture with lights: forced to look at a strong light for about 40minutes while being beaten repeatedly on the same spot on his headwith a ruler-like object. On one occasion he was given a pill in hiscoffee and this aggravated his hallucinations (described below).

I acio Arama o A irre, 28 years old, was arrested in Bermeo (Vizcaya),a town in the Basque country, on 18 April 1979. He was taken by theGuardia Civil to La Salve Guardia Civil station. He was held incommun-icado, without legal assistance under the anti-terrorist legislation byorder of the Judge of Instruction number 1 to the Audiencia Nacional inMadrid. He gave the Amnesty International delegates the following accountof his interrogation. After 10 days he was brought before the duty judge ofinstruction in Bilbao to be charged and transferred successively to Basauriand Soria prisons. He was released on provisional liberty on 11 September1979.


His lawyer began proceedings (Diligencias revias 1302/79) fortorture before a judge of instruction of Bilbao.

Haematomas all over his body. Diffuse headache for a week after thealleged maltreatment. After three days of maltreatment, visual hal-lucinations consisting of spiders; the tiles of the floor movingat great speed; his father present in the interrogation room. Thesesymptoms disappeared as soon as the maltreatment was discontinued.Pain in the quick of the nails. Considerable swelling of the feet,extending to the malleoli, until two or three days after the allegedmaltreatment. At first, tendency to rapid fatigue when reading.

Personal details

Male. Aged 28.


Describes the followin ersistent s m toms:During previous imprisonment, injured the right ankle, which kepthim in bed for two months. No permanent sequelae. He had takenpart in hunger-strikes, lasting 18, 18, 15 and three days respect-ively taking only water. No sequelae.

Periodic slight swelling of the dorsal aspect of the right foot.Mild pain in the quick of the nail of the left middle finger. Slightnausea and aversion to food. Anxiety, persecution complex and night-mares (often receives threats from rightist extremist movements).Previous alle ed maltreatment

In 1975, allegedly, three days of maltreatment, including la barra;falan a with iron rods and cables; electrical torture; el uir fano;blows all over his body; suspension upside-down above a staircase;mock executions. No sequelae.

Conclusion


10 days, second quarter of 1979.

Im risonment

The medical delegates cannot find any definite inconsistency betweenthe alleged maltreatment and the symptoms described but it wasstriking that this man was one of the only two cases to develop hal-lucinations, which were similarly described. Because of this elementof uncertainty, the medical delegates have excluded this case fromtheir overall evaluation.

Arrested 18 April 1979. Detained incommunicado in a police stationfor 10 days together with his friend, case number 9, after which hewas transferred to prison. Released after 4i months' imprisonment.

Alle es havin been sub'ected to the followin

Threats

Threats. Mock executions.

Mental exhaustion

Severely deprived of sleep throughout the 10 days spent in thepolice station.

Ph sical exhaustion

He was handcuffed to the wall by one hand for long periods betweeninterrogation sessions, forcing him to stand upright. Very little food.


Punched and beaten all over his body and on the head with a ruler-like object. Falan a. La barra inflicted in a slightly different

44it5

ErCase number 11 Mental exhaustionJosu Ben oechea Cuellar, a 23-year-old clerk, was arrested in Bilbaoon 21 April 1979 and taken to the main Bilbao police station of Indauchu.He gave the Amnesty International delegates the following account. Hewas handcuffed and hit by police with fists and guns. En route to thepolice station he was taken to a casualty ward because he complained ofpain in his right ear and examined. His request to see a lawyer wasrefused on the grounds that, as a detainee under the anti-terroristlegislation, he had no right to legal assistance. He was taken to hishouse where he says he was again beaten up all over his head and body.His flat-mate was arrested and they were both returned to Indauchu. Hewas then interrogated in the manner described below. During this periodhe was twice taken to sites in the mountains where police suspectedexplosives were stored. Nothing was ever found. After nine days' incom-municado detention, without legal assistance, he was transferred toBasauri prison where he was held until his release on 20 September 1979.He was seen once, very superficially, by an army doctor at the policestation.

No sleep during the first 20 hours in the police station. Therest of the time he was allowed a few hours' sleep every 24 hours.

Ph sical exhaustion

Forced to do gymnastic exercises: deep knee bends and arm bends.The cell was cold.


Punched and kicked all over the body, including on the head. Avigorous smack on the right ear. Hair pulled. Electrical tortureto the hands.

Personal details

Male. Aged 23. Shared a flat with Case number 12.


Describes the followin transient s toms:

Pain in the right ear for four months. Headache lasting a few days.Impaired powers of conoentration and lack of initiative for one month.


Anxiety attacks, restlessness and emotional blockage.

Operation for appendicitis. Admitted to hospital when 17 withjaundice due to hepatitis. No sequelae to these illnesses.


Medical aid durin detentionA medical statement b an inde endent doctor dated about threemonths after the alle ed maltreatment issued by doctor number 7)

Otosco : a blood clot in the right external auditory meatus,making it impossible to inspect the eardrum. Recommended renewedotoscopy and audiometry at a special centre. It was not possibleto see the medical report of the examination of the right ear, madein a casualty ward on the way to the police station after the arrest.

One examination in a casualty ward en route to the police station,because he complained of pain in his right ear; one superficialexamination by an army doctor at the police station. Reports ofthese examinations have not been made available to AmnestyInternational.

Period durin which alle ed maltreatment took lace Audiometr done about seven months after the alleged maltreatmentby doctor number 8. This showed a conductive hearing loss of20 - 25 dBs in the right ear.The maltreatment occurred mainly during the first four days of

detention, second quarter of 1979.Ph sical examination

Im risonmentOtosco : in the right ear a dark discolouration anteriorly on theeardrum, which could not be seen clearly due to white deposit.

Conclusion

Arrested 21 April 1979. Detained incommunicado and in solitaryconfinement in a police station for nine days (apart from a visitto his house), after which he was transferred to a prison.Released after 44 months' imprisonment.

Alle es havin been sub'ected to the followin :

Threats

Threats of electrical torture to the genitals and of execution,and threats concerning his brother and fiancee.

The medical delegates find consistency between the alleged maltreatmentand the symptoms described. At the physical examination, sequelae toan injury to the eardrum were found. Amnesty International is inpossession of a medical report dated about three months after thealleged maltreatment took place, which confirms the injury to theright ear. Audiometry done about seven months after the allegedmaltreatment shows a conductive hearing loss on the right side.The medical delegates find that the injury to the right eardrummay be sequela to the alleged maltreatment.

46 47

Case number 12 Ph sical maltreatment

Anan de Blas Lana, a 24-year-old clerk, was arrested on 21 April 1979in the apartment in Bilbao, which he shared with Josu Bengoechea (Casenumber 11). He gave the Amnesty International delegates the followingaccount. He was punched and kicked by police before being taken hand-cuffed to Indauchu police station in Bilbao, where he was treated in themanner described below. On 30 April 1979 he was transferred to Basauriprison, having been held incommunicado, without legal or medical assist-ance, for nine days, under the provisions of the anti-terrorist legisla-tion. He was finally released on 20 September 1979. Preliminaryproceedings (Dili enoias revias) against the police for torture werebegun in the Bilbao court of the Judge of Instruction number 5. Hereceived a routine medical examination on transfer to the prison.

Blows all over his body. Smacked and hit on the head with telephonedirectories. Pulled around by his hair. La barra. Electricaltorture to the forehead, temples and behind the ears while suspendedon la barra.


Pain at the sites subjected to direct blows. Severe headache, whichdisappeared a few days after the alleged maltreatment. Musculartwitching in the face during the electrical torture. Interruptedsleep. Depression. Scattered haematomas on the body. Swellingof the lower legs and feet.

Personal details

Male. Aged 24. Shared a flat with Case number 11.



Slightly impaired memory and ability to concentrate. Irritabilityand impatience. Periodic pain in the occipital region, radiatingto the left arm, starting about four months after the alleged mal-treatment, while he was still in prison. Was examined while inprison and is now undergoing further investigation in a departmentof neurology at a hospital in Bilbao.

Involved in a car accident in 1977. Possible compressionfractureof one of the vertebrae in the spinal column. No permanentsequelae. Otherwise in good health.

Medical aid durin detentionPh sical examination

Routine examination while being transferred to the prison. Thisreport has not been made available to Amnesty International. Whilein prison he was examined by a doctor because of recent symptoms ofprolapsed disc in the cervical spine (see below, Conclusion).

In the left arm, no biceps, triceps or radialis reflex.

Conclusion


The maltreatment occurred mainly during the first two days ofdetention, but continued for another four days after that, secondquarter of 1979.

Im risonment

The medical delegates find consistency between the alleged maltreat-ment and the symptoms described. Several months after the allegedmaltreatment this man developed symptoms of a prolapsed cervical disc,which can hardly be related to the alleged maltreatment.

Arrested 21 April 1979. Detained incommunicado and in solitaryconfinement in a police station for nine days, after which he wastransferred to a prison. Released after 4i months' imprisonment.

Alle es havin been sub'ected to the followin :

Threats

Threats of execution and reprisals against his family; of electricaltorture to his genitals; of a 10-day extension of his detention.

Mental exhaustion

Partial deprivation of sleep for two to three days.

Ph sical exhaustion

Forced to do deep knee bends with his arms stretched out at the sides.

4849

Case number 1Alle es havin been sub ected to the followin

Juan Maria Torronte i, a 27-year-old farmer. He gave Amnesty Internationaldelegates the following account. On 7 March 1979 he learnt that the policehad visited his farm while he was away. He decided to ask the local judgewhether there were any charges against him and what he should do. Thepdge told him that, to the best of his knowledge, there were no charges(acusaciones) against him. However, the judge then telephoned the policewho informed him that Torrontegui might be implicated in police inquiries.He therefore went with his lawyer to the police station in Bilbao inorder to clear the matter up.

On arrival at the police station he was immediately arrested andheld incommunicado under the anti-terrorist legislation, even thoughno telegram had been sent to Madrid, as was required by law. His lawyerwas refused access to him and ejected from the police station. JuanMarfa Torrontegui was held for eight days without legal assistance andtreated in the manner described below. He was examined by a dootorcalled in by the authorities on his transfer from the police station toBasauri prison, as he had filed an accusation of torture against thepolice. On 15 March he was committed to Basauri jail where he was heldfor three weeks before being released for lack of evidence.

Threats

Threats of being injected with Pentothal and of his family beingarrested. Mock execution.

Mental exhaustion

During the first six days he was allowed to sleep only four tofive hours at night. The cell light was on constantly.

Ph eical exhaustion

Complete deprevivation of food for the first few days; afterwardsinsufficient food.


Punched all over his body and smacked on the head. Falan a.La barra. Quirorfano, including being beaten on his abdomen withan iron rod. Forced to move around in a squatting position withhis hands handcuffed behind his back and kicked whenever he fell.

Personal details

Male. Aged 27.


Humiliations

Was refused permission to use the toilet several times.

Describes the followin transient s toms:

Admitted to hospital when three, with asthma, but since then he hassuffered no respiratory trouble. Broke one leg at the age of six,but there were no sequelae. Suffered from transient headaches andvomiting when 25, but no cardio-pulmonary complaints. He was toldby a doctor that his heart was affected but he did not receive anytreatment. The symptoms later disappeared.

Suicidal thoughts while in the police station. Severe headachelasting approximately two months. Attacks of dizziness. Hishands were swollen and numb for approximately two weeks and achedfor about a month. Sores on his wrists. Swollen foot for a shortperiod. Nightmares. Swelling in the kidney region.

Medical aid durin detention Describes the followin ersistent s toms:

He was examined by a doctor called in by the authorities on histransfer from the police station to Basauri prison, as he had filedan accusation of torture against the police. He showed the doctorthe marks on his wrists and the swelling around his kidneys. Thedoctor claimed that the marks were self-inflicted because of asymmetry.Allegedly, the doctor refused to make a report.

None.

Conclusion


Six days, first quarter of 1979.

Im risonment

The medical delegates find consistency between the alleged mal-treatment and the symptoms described. The assymetry of the markson this man's wrists is not thought to indicate that the injurieswere self-inflicted.

Arrested 7 March 1979. Detained incommunicado and in solitaryconfinement in a police station, for eight days, after which he wastransferred to a prison. Released after three weeks' imprisonment.

50 51

Case number 1 Mental exhaustion

Juli46 A aricio, a 22-year-old teacher of Basque, was arrested in LasArenas on 13 March 1979 and taken to the main police station of Bilbao.He gave the Amnesty International delegates the following account of thetreatment he received. On-21 March he was brought before the judge whoordered his release for lack of evidence. He had been held incommunicadowithout legal assistance for eight days under the provisions of the anti-terrorist legislation. At the same time he was allowed to be examined by theforensic doctor appointed by the court. This doctor recorded the presenceof haematomas consistent with the beatings he claimed to have had. Hethen started proceedings against the police, (Dili encias revias 954/79),charging them with maltreatment. The medical certificate was corrobor-ative evidence and he said that he would be able to recognise two of theofficers involved. However, Amnesty International has been told thatthe proceedings may be discontinued for lack of evidence. He was examinedby a doctor appointed by the authorities but for legal reasons a reportis not available to Amnesty International.

Not allowed to sleep for the first 24 hours, then for only a fewhours each night.


While being subjected to la barra he was swung back and forthwith a rope around his neck and subjected to falan a. Mockhanging - a thick rope was tied around his neck and he was hoistedup about 5 cm, but immediately lowered again. Beaten and threat-ened at the same time. Beaten and kicked all over his body.Smacked and hit with telephone directories on the head. Forced tostand rigid, his hands handcuffed behind his back, while beingbeaten from all sides. Forced to kneel down and hold telephonedirectories, his hands stretched out horizontally and beaten eachtime he dropped the directories.

Describes the followin transient e m tome:Personal details

Male. Aged 22.


Marks on his neck after the mock hanging. Haematomas on his faceafter blows. Swelling of the feet, persisting for two weeks, andblue discolouration of the soles and the medial and lateral aspectsof the ankles. Pain when walking for three weeks. Numbness inboth thumbs, persisting for a month. Swelling of the left thumb.Headaches for a few days while still at the police station.

Suffers from periodic attacks of tachycardia, sometimes lasting upto several months. They leave him feeling unwelq but not dizzyor liable to faint. Cardiac tablets (Cardiogenen) have been pre-scribed but he does not take them. The frequency of the attackshas not altered since his arrest.


Feels more aggressive, tense, restless and irritable.Medical aid durin detention

ConclusionNone. On the day of his release from the police station, he filedan accusation on account of the alleged maltreatment. He wasexamined by a doctor appointed by the court, who recorded marks onthe neck, hands, face and feet. This report has not been madeavailable to Amnesty International.

The medical delegates find consistency between the allegedmaltreatment and the symptoms described.


One period of seven hours plus shorter periods, first quarter of 1979.

Im risonment

Arrested13 March 1979. Detained incommunicado and in solitaryconfinement in a police station for eight days, after which he wasreleased.

Alle es havin been subsected to the followin :

Threats

Threats of his friend being killed.

52 53

IV. CONCLUSIONS V. RECOMMENDATIONS

The legal and administrative procedures governing the conditions underwhich detained people are held in police custody should be amended inthe following wayst

1. The Amnesty International mission established that detainees hadbeen maltreated and tortured by police officers during their periodin police custody. Allegations of maltreatment and torture havecontinued to be made since the Amnesty International mission.

2, A number of aspects of the legal conditions under which detaineesare held facilitate their maltreatment and torture. Among theseare:

prolongation for up to 10 days of the period for whichthe detained person may be held in police custodybefore being brought before a judge;

1. The powers given to the police under Law 56/1978 to request anextension, from 72 hours to 10 days, of the period in which a personmay be held in police custody before being brought before a judgeshould be abolished. It should be made exceptional for a person tobe held in police custody, before being brought before a judge, forlonger than the 24 hours stipulated in Article 496 LEC. In otherwords, the 72-hour limit prescribed in the 1978 constitution shouldbe treated as an absolute maximum and in no way as the norm.

denial of access by family or lawyer to the detainedperson;

lack of effective judicial supervision or monitoringof the treatment of detainees;

2. Article 17, paragraph 4 of the constitution promises the enactmentof a habeas cor us procedure to enable the immediate placing at judi-cial disposal of any person illegally detained and to determine themaximum duration of provisional imprisonment. Legislation to thiseffect should be introduced as soon as possible.

anonymity of the officers in charge of the interrogation;

lack of effective or well-documented supervision ofdetained people, whether by institutional medical person-nel or by outside doctors.

The right to legal counsel, guaranteed under Article 17, paragraph 3of the constitution, but at present refused under special laws todetainees during the period of interrogation, should be restored infull.

3. In spite of provisions in Spanish law which make the maltreatmentor torture of detainees criminal, judges have not taken effectiveor determined action when they have received legal complaints orrequests to investigate cases of maltreatment and torture, even thoughnumerous detainees have formally complained of such treatment.Furthermore, the fiscales have not undertaken prosecutions of thepolice for maltreatment or torture of detainees.

In order to increase judicial control over the conduct of interro-gations, two structural changes are desirable. First, if theAudiencia Nacional is to retain its wide jurisdiction, it must beproperly staffed with enough investigating judges to enable it toexercise effective control over the investigations. Second, the firstjudicial decision after the arrest of a suspect by the police shouldalways be taken by the judge who is nearest to where the arrest tookplace, in accordance with Article 496, paragraph 1 - LEC.

The Fiscal General should instruct the several hundred public prose-cutors under his authority all over the country to intervene actively,as is their right, to safeguard the rights of detainees who are beingheld in police stations for questioning.

The extensive provisions of Article 204 bis of the penal code withrespect to maltreatment, described in section 4 above, should beimplemented. In particular, the public prosecutors should fulfiltheir statutory duty by initiating prosecutions which they considerjustified.

Medical examinations must be offered to people detained under Law56/1978 and Royal Decree-Law 3/1979 when they are taken into custodyand also immediately before their transfer from police custody toprison, or their release. Furthermore, provision should be made forintermediate examinations. The findings of all medical examinationsmust be recorded in detail and made available on demand to anyparties in actions relating to allegations of maltreatment or torture.Details of any medical treatment given to the prisoner should be recordedin order to provide a detailed and comprehensive picture of the healthof every detainee throughout his or her period in custody. Finally,legal provision should be made for detainees to have the right toindependent medical assistance.

55

APPENDIX I:

LEY 56/1978, de 4 de diciembre, de medidas especiales en relaciOn con los delitos de terrorismo cometidos por grupos armados

De conformidad con la Ley aprobada por las Cortes, vengo en sancionar:

Articulo rimero

Las disposiciones contenidas en esta Ley sergn aplicables a las per:-sonas implicadas en los delitos contra la vida, robo con homicidio, muti-laciones y lesiones graves, detenciOn ilegal bajo rescate o cualquier otracondiciOn, detenciOn ilegal con simulaciOn de funciones Oblicas, depOsitode armas o municiones, tenencia de explosivos, estragos, coacciones oamenazas y delitos directamente conexos con los anteriores, siempre quesean cometidos por personas integradas en grupos organizados y armados.

Asimismo se aplicargn a las personas pertenecientes a dichos grupos.

Articulo se undo

Los detenidos por hallarse implicados en cualquiera de los delitosenumerados en el articulo anterior sergn puestos a disposiciOn del Juezcompetente para instruir el correspondiente procedimiento, dentro de lassetenta y dos horas siguientes. No obstante, la detenciOn gubernativapodrg prolongarse el tiempo necesario para los fines investigadores hastaun plazo mgximo de otros siete dias, siempre que tal prolongaciOn se pongaen conocimiento del Juez antes de que transcurran las setenta y dos horasde la detenciOn. El Juez, en el termino previsto en el articulo cuatro-cientos noventa y siete de la Ley de Enjuiciamiento Criminal, denegar6 oautorizarg la prolongaciOn propuesta.

En cualquier caso, el Juez competente deberg tener conocimiento de ladetenciOn en los terminos que segala el articulo cuatrocientos noventa y seisde la Ley de Enjuiciamiento Criminal, y podrg, en todo mamento, requeririnformaciOn y conocer personalmente la situaciOn del detenido, pudiendo,en su caso, revocar la autorizaciOn de prolongaciOn de la detenciOn.

La autoridad que haya decretado la detenciOn o prisiOn podrg ordenarla incomunicaciOn por el tiempo que estime necesario mientras se completanlas diligencias o la instrucciOn sumarial, sin perjuicio del derechode defansa que asiste al detenido o preso.

Articulo tercero

A los efectos prevenidos en el articulo quinientos cincuenta y tresde la Ley de Enjuiciamiento Criminal, los delitos comprendidos en estaLey se considerargn siempre flagrantes.

El Ministro del Interior comunicarg inmediatamente al Juez competenteel registro efectuado, las causas que lo motivaron y los resultadosobtenidos del mismo.

5657

Articulo cuarto DISPOSICION TRANSITORIA

El Ministro del Interior podrg ordenar, por un plazo de tres meses, A la tramitaciOn de las causas a que se refiere la presente Ley,prorrogables por iguales periodos,la observaciOn postal, telegrgfica y iniciadas con anterioridad a la vigencia de,la misma, serg de aplicaciOntelefeinica para aquelles personas de las que se estime racionalmente puedan lo dispuesto en el artfculo quinto.estar relacionadas o integradas en los grupos organizados a que se refiereel artfculo primero de esta Ley. Al tiempo de ejercitar esta facultad, DISPOSICIONES FINALEScomunicarg por escrito tal decisiOn al Juez competente, fundando laadopciOn de la medida, la autoridad judicial, en las diligencias que al Primeraefecto incoe y tambien con expresiOn de los motivos, deberg confirmar orevocar total o parcialmente lo acordado por el Ministro del Interior en La presente Ley tendrg vigencia durante un aflo, a contar desde suun plazo mgximo de setenta y dos horas desde que reciba la comunicaci6n. promulgaci6n.La autoridad judicial podrg revocar total oparcialmente, en cualquier Segundamomento, la autorizacifin concedida. En el supuesto de revocaci6n, debergejecutarse inmediatamente la resoluciOn. Esta Ley entrarg en vigor el die de su publicacitin en el "BoletfnOficial del Estado".La sucesiva o sucesivas pr6rrogas en la observaciOn se sometergn alos trgmites previstos en el pgrrafo anterior. Tercera

Articulo auinto Quedan derogados el Real Decreto-ley veintiuno/mil noVecientos setentay ocho,de treinta de junio, y cuantas normas legales se opongan a loLa instrucciOn, conocimiento y fallo de las causas por los delitos dispuesto en esta Ley.y conductas enumerados en el articulo primero corresponderg exclusive-mente a los Juzgados Centrales de InstrucciOn y a la Audiencia Nacional. Dada en Madrid a cuatro de diciembre de mil novecientos setenta y ocho.

La tramitaciOn de las causas a que se refiere esta Ley tendrgJUAN CARLOSabsolute preferencia, procurgndose, ademgs, la agilizaciOn de los trgmitesprocesalesyla utilizaciOn de los medios de comunicaciOn mgs rgpidos. Sipor razOn de la penalidad asignada al delito se siguiera el procedimiento El Presidente de las Cortesordinario, desde la presentaciOn del Ultimo escrito de calificaciOn hasta ANTONIO HERNANDEZ GILla vista no transcurrirgn rags de tres meses.

Articulo sexto

El Gobierno informarg, al menos cada tres meses o antes si asf losolicitan dos Grupos Parlamentarios del Congreso o del Senado, del usoque se hace y del resultado obtenido por la aplicaciOn de las medidasreguladas en esta Ley a una ComisiOn parlamentaria de cargcter informativo,cuyas reuniones sergn siempre secretes, y de la que formargn parte Diputadosy Senadores de las Comisiones de Justicia e Interior, estando en ellerepresentados todos los Grupos Parlementarios.

Artfculo sentimo

Sin perjuicio de lo establecido en el artfculo anterior, las facul-tades que se atribuyen en esta Ley a la autoridad gubernativa sergnejercitadas exclusivamente por el Ministro del Interior.

58 59

REAL DECRETO-LEY 3/1979, de 26 de enero, sobre protecciOn de la seguridad ciudadana

Decreto-ley serg castigado con la pena de prisign menor, salvo cuandocorrespondiere la imposiciOn de pena mils grave por aplicaciOn de cualquierotra norma penal.

La lucha mantenida por la sociedad y los poderes pOblicos en su afgnde conservaciOn del Estado ae Derecho y de los bienes juridicos esenciales,exige en el momento presente una adecuada respuesta al fen6meno delterrorismo y a otras formas de delincuencia que, por su frecuencia, alteranla seguridad ciudadana y el clima de paz y convivencia a que la sociedady los individuos tienen derecho.

Articulo tercero

Las normas de procedimiento establecidas en el tItulo III del libroIV de la Ley de Enjuiciamiento Criminal serfin de aplicacign, en todocaso, al enjuiciamiento de los siguientes delitos:

Las presentes normas llevan a cabo la tipificaciOn penal de ciertasconductas de apologia o preparaci6n de actos terroristas, refundiendo yactualizando otras anteriores.

Uno. Todos los cometidos por persona o personas integradas engrupos o bandas organizados y armados y sus conexos.

Dos. Los previstos en los articulos primero y segundo delpresente Real Decreto-ley.

Junto a ello, se prevg una agilizaciOn procesal en el enjuiciamientode este tipo de delitos, mediante la generalizaci6n del procedimiento deurgencia ya previsto en la Ley de Enjuiciamiento Criminal, asf como evitandoal mgximo las posibles dilaciones en el proceso.

Tres. Los comprendidos en el articulo quinientos del COdigo Penal.

Cuatro. Los comprendidos en el articulo quinientos diecisgis bisdel COdigo Penal.

Se articulan medidas cautelares para el eficaz control y aseguramientode los delincuentes habituales, as/ como para la prevenciOn de determinadostipos de delito. Todas las disposiciones cuentan con precedentes, y lo6nico que se hace es precisar el alcance de las ya vigentes o renovaralgunos obstgculos que se han hecho patentes en los 61timos tiempos, comoen el caso de las relativas a la seguridad de determinados establecimientoscomerciales.

Cinco. Los comprendidos en los dos illtimos pgrrafos del articulocuatrocientos noventa y seis y en el cuatrocientos noventa y seis bisdel COdigo Penal.

Seis. Los previstos en el articulo cuatrocientos ochenta yuno bis del COdigo Penal.

Con todo ello se evita la posible indefensiOn de la sociedad frentea la delincuencia hasta la adopci6n, en desarrollo de la Constitucign,de los nuevos textos del C6digo Penal y de la Ley de EnjuiciamientoCriminal.

En todos estos casos, el plazo para instrucciOn y calificaci6nsera comdn para todas las partes acusadoras, asl como el de calificaciOnpara las partes acusadas.

Articulo cuartoEn su virtud, previo acuerdo del Consejo de Ministros en su reuniOn

del dia veintisgis de enero de mil novecientos setenta y nueve, en uso dela facultad prevista en el artfculo ochenta y seis de la Constitucign,

DISPONG 0:

Articulo rimero

Sin perjuicio de lo dispuesto en el Real Decreto-ley uno/mil nove-cientos setenta y siete, de cuatro de enero, cones-ponder& a los JuzgadosCentrales y a la Audiencia Nacional la competencia para el conocimiento,instrucciOn y fallo, en sus respectivos casos, de las causas seguidaspor los delitos previstos en los ndmeros uno, dos y seis del articuloanterior.

La apologia palica, oral o escrita o por medio de la imprenta uotro procedimiento de difusign, de las conductas y actividades de laspersonas a que se refiere el n6tero primero del artfculo tercero del presenteReal Decreto-ley serf castigada con la pens de prisign menor.

Articulo auinto

Articulo se ndo

Los Jueces de instrucciOn o Centrales a cuya disposiciOn fuerepuesta una persona detenida como presunto autor, cOmplice o encubridorde cualquier delito, recabargn inmediatamente por via telegr6fica delRegistro Central de Penados y Rebeldes informaciOn de antecedentespenales de la misma y de si se halla declarada rebelde por alein Juzgadoo Tribunal.El que recabe o facilite de cualquier modo informaciones o realice

cualesquiera otros actos de colaboraciOn que favorezcan la comisiOn delos delitos previstos en el nilmero uno del articulo tercero de este Real

6061

El Juez de InstrucciOn o Central, atendidas las circunstancias delcaso y los antecedentes del inculpado, podrg decretar la prisiOn provisionalincondicional, aunque el delito tenga senalada pena inferior a la depresidio o prisiben mayores.

de la normalidad, cuando se produzcan desOrdenes graves; sin perjuiciode las tareas de vigilancia, custodia interior y mantenimiento del ordende establecimientos penitenciarios o departamentos especiales de losmismos que, por razones de seguridad p6blica, sean atribuidas a lasFuerzas de Seguridad del Estado.Articulo sexto

Articulo undecimoContra los autos y providencias que dicten los Jueces de InstrucciOn

o Centrales en las causas seguidas por los delitos comprengdos en elpresente Real Decreto-ley no procederg recurso alguno, salvo el deapelaciOn directamente y en un sOlo efecto, en los casos especificamenteprevistos en la Ley de Enjuiciamiento Criminal y contra las resolucionesque acordargn la libertad condicional, que deberg ser interpuesto en elplazo de veinticuatro horas.

Los Bancos, Cajas de Ahorro y demgs Entidades de Crgdito s6lovendrgn.obligados a nagar en efectivo los talones o cheques a su cargohasta el lir:lite de quinientas mil pesetas.

No se llevarg a cabo la excarcelaciOn de los presos o detenidos cuyalibertad se hubiese acordado, en tanto la resoluciOn no sea firme, cuandoel recurrente fuese el Ministerio Fiscal y se trate de los delitos previstosen el namero uno del artfculo tercero.

Las cantidades que excedan de dicho llmite podrgn ser pagadasmediante tal6n, cheque bancario, abono en cuenta corriente u otra modali-dad que no suponga movilizaciOn inmediata de efectivo, a elecciOn deltenedor.

Lo dispuesto en el presente articulo no sera de aplicaciOn al Bancode Espana.

Articulo sentimo Los pagos efectuados por cualquiera de las modalidades previstasen este articulo pondrgn directamente a cargo de la Entidad de Crgditolibrada la obligaciOn dineraria de que se trate, sin perjuicio, en ning6ncaso, de lo dispuesto en el artfculo mil ciento setenta del C6digo Civil.

Sergn especialmente indemnizables por el Estado los dafios y perjuiciosque se causaren a las personas con ocasiOn de las actividades delictivasa que se refiere el n6mero uno del articulo tercero de este RealDecreto-ley. DISPOSICION TRANSITORIA

El Gobierno determinarg el alcance y condiciones de dicha indemni-zaci6n.

Las causas que se hallaren en trgmite a la entrada en vigor delpresente Real Decreto-ley se ajustargn a las normas de tramitaci6n queles sean aplicables conforme al mismo desde el comienzo de dicha vigencia.Artfculo octavo

DISPOSICION DEROGATORIATodas las personas naturales o jurldicas que vendan o arriendenviviendas o locales de cualquier clase estargn obligadas a facilitar alos servicios de seguridad ciudadana los datos de identificaciOn de loscontratantes y del local, en los casos y en la forma que determine elMinisterio del Interior.

Queda derogado en su integridad el Decreto-ley diez/mil novecientossetenta y cinco, de veintisgis de agosto.

DISPOSICION FINAL

El incumplimiento de dicha obligaciOn serg considerado como actosque alteran la seguridad p6blica y, en consecuencia, podrg ser sancionadoen la forma y cuantia que la legislaciOn de orden publico establezca.

Este Real Decreto-ley entrarg en vigor el mismo dia de la publicaciOnde su texto en el "Boletin Oficial del Estado".

Articulo novenoDado en Madrid a veintisgis de enero de mil novecientos setenta

y nueve.

Se considerargn actos que alteran la seguridad p6blica el incumpli-miento de las normas de seguridad impuestas reglamentariamente a lasEmpresas pare prevenir la comisiOn de actos delictivos. Tales actos podrgnser sancionados en la forma y cuantla que la legislaciOn de orden publicoestablezca o con el cierre del establecimiento.

JUAN CARLOS

El Presidente del GobiernoADOLFO SUAREZ GONZALEZ

Articulo decimo

Las Fuerzas de Seguridad que tienen atribuida la vigilanciaexterior de los establecimientos penitenciarios podrgn acceder alinterior e intervenir con los medios adecuados hasta el restablecimiento

62 63

APPENDIX II:GLOSSARY

the discharge of bloody urine

collation of blood in the pleural cavity

a mental impression having no real stimulus

inflammation of the liverAnorexia

Anterior

Arthritis

Asthenia

Audiometry

Axilla

Haematuria

Haemothorax

Hallucination

Hepatitis

Hernia

lack or lose of appetite for food

the forward part

inflammation of a joint

debility; lack or loss of strength

measurement of the acuteness of hearing

armpit

abnormal protrusion of an organ or a partthereof through structures normallycontaining

Inguinal

Intermaxillary

IQ

pertaining to the groin

between the upper jaw and the mandible

intelligence quotient

Biceps reflex flexion of forearm on tapping of thebiceps tendon either of the two rounded prominences on

either side of the ankle joint

Word element, heart the bone that with its fellow forms theupper jaw (inferior maxilla = mandible)

pertaining to the middle

Cardio

Conduction

dB

Malleolus

Maxilla

Medial

Neurology that branch of medicine devoted to studyof the nervous system, its functions andits disorders

Ecohymoses

the transfer of sound waves

(decibel) the unit of loudness of sound

discoloration due to extravasation ofblood

Excoriations removal of an area of skin pertaining to the oociput (the back partof the head)

External auditory meatus the hearing tract between the outer earand the eardrum examination of the interior eye by means

of an instrument (ophthalmoscope)Extravasation

visual examination of the earescape of fluid from its proper vesselinto the tissues

Oocipital

Opthalmoscopy

Otoscopy

Parasthesia morbid sensationFissure

Fixation

Pronto parietal region

Haematoma

a narrow slit or cleft

the process of making or the state ofbeing immovable

Parietal region pertaining to or located near the parietalbone

Penthotalpertaining to frontal and parietal bones a short acting barbiturate, a hypnoticused as a sedative, anticonvulsant, pre-anesthetic in surgery and adjunct to anaes-thesia, and an amnestic in obstetrics

a massive clot of extravasated blood ina tissue or body part Percussion the striking of a part as an aid in

diagnosis

64

Pulmonary pertaining to the lungs

Amnesty International PublicationsRadial reflex

Reduction

Reflex

an automatic response to a given stimulus

the correction of a fracture

an automatic response to a given stimulus

Sternum the bone forming the middle of theanterior wall of the thorax

Tachycardia excessive rapidity of hearts action

Triceps reflex extension of the forearm on trapping ofthe triceps tendon at the elbow while theforearm hangs limp at right angles to thearm

Torture in Greece: The First Torturers' Trial 1975, A5, 98 pages, April 1977: 85 pence.Islamic Republic of Pakistan. An Amnesty International Report including the findings of aMission, A4, 96 pages, May 1977: 75 pence.Report of an Amnesty International Mission to the Republic of Korea. A4, 46 pages, firstpublished April 1976,second edition June 1977: 75 pence.Indonesia. An Amnesty International Report, A5, 148 pages, October 1977: £2.00.Political Imprisonment in South Africa, A5, 105 pages, January 1978: £1.00.Political Imprisonment in the People's Republic of China. A5, 192 pages, November 1978:£1.50.The Death Penalty. Amnesty International Report. A5, 209 pages, September 1979: C2.00.Children, A5, 30 pages, October 1979: 50 pence.Report of an Amnesty International Mission to Singapore, A4, 60 pages, January 1980: CI .00.Testimony on Secret Detention Camps in Argentina, A4, 66 pages, February 1980: C1.00.Prisoners of Conscience in the USSR: Their Treatment and Conditions, A5, 217 pages, firstpublished in November 1975, second edition April 1980: £5.00.Human Rights Violations in Zaire, A4, 23 pages. May 1980: £1.00:Proposal for a Presidential Commission on the Death Penalty in the United States of America,A4, 4 pages, April 1980: 50 pence.

Temporal

Temporo-mandibular joint

Thorax

pertaining to the temple

jaw

In addition to these major reports, Anmesty International also publishes a monthly Newsletter,an Annual Report and a regular series of Amnesty International Briefing Papers.

the part of body between neck and abdomen,enclosed by the back bone, ribs and sternum

Tinnitus

Tremor

a noise in the ears, which may at times beheard by others than the patient

involuntary rhythmic contraction of a groupof muscles

The Amnesty International Newsletter. This eight-page monthly bulletin provides a regularaccount of the organization's work for human rights throughout the world. Articles includesummaries of the latest published reports and findings of Amnesty International missions;new information on arrests and releases; and reports of torture and executions. The newsletterprovides basic information for activists, one or more appeals on behalf of likely victims oftorture and includes the Campaign for Prisoners of the Month.

The newsletter is available in English, French and Spanish from London, Colombo, Parisand San José. National section newsletters in various languages are available from AmnestyInternational national section offices.

Vertebra one of the separate segments comprising thespinal column

The Amnesty International Report. This annual report provides a full survey of AmnestyInternational's work in response to violations of human rights that have coine to the organiza-tion's attention from more than 100 countries. The book is devoted almost entirely to acountry-by-country survey.Annual subscriptions for individuals: Amnesty International Newsletter £5 (US 510), AmnestyInternational Report £2.00 (US $5). Annual subscriptions for institutions including the news-letter and report £10 (US $25).

Amnesty International Briefing Papers. This is an occasional series of human rights referencebooklets on individual countries, averaging between 12-16 pages each.Briefing Papers NumbersSingapore+Paraguay+fIran+Namibia+Morocco+Rhodesia/Zimbabwe

1-17:Malawi+GuatemalaftTurkey+Peru+fPeople's Democratic

Republic of Yemen+also available in French

*also available in Chinese

Taiwan (Republic of China)+*CzechoslovakiaftGerman Democratic Republic+Guinea+tSyria+**Romania+f

talso available in Spanish**also available in Arabic

Single copies 60 pence (US $1.50), plus 20 pence (50 cents) for postage and handling.

Amnesty International Publications are available in English and in most cases have beentranslated into other languages by the International Secretariat or by the national sections ofAmnesty International.Copies of Amnesty International Publications can be obtained from the offices of thenational sections of Amnesty International. Office addresses and further information may beobtained from the International Secretariat, 10 Southampton Street, London WC2E 711F,England.

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