Information Note on the Court’s case-law 59

December 2003

Martinez Sala and Others v. Spain (dec.) - 58438/00

Decision 18.11.2003 [Section IV]

Article 3

Inhuman treatment

Alleged ill-treatment by the police and effectiveness of the investigation: admissible

The fifteen applicants, presumed sympathisers of a Catalan independence movement, were arrested and detained shortly before the 1992 Olympic Games in Barcelon a. They allege that they were subjected to physical and psychological torture and ill-treatment on their arrest and during subsequent custody (for up to five days) in Catalonia and at the Guardia Civil headquarters in Madrid before being brought before a j udge. Doctors sent by the authorities examined the applicants during their detention. Their reports identified various, mostly superficial, wounds or bruises and handcuff marks, and found that the applicants were fit to be heard by the judge. A few of the applicants were released on bail by the investigating judge, and three were released without charge. The investigating judge dealing with criminal complaints submitted in respect of torture and ill-treatment made a provisional discontinuation order in 1993 on the ground that, according to the reports by the state-appointed doctors, it had not been proven that the applicants had been subjected to ill-treatment. That decision was not subsequently set aside. The applicants were tried by the Audiencia Nacional in 1995; six of them received prison sentences for belonging to or aiding and abetting an armed gang, possessing explosives, unlawful possession of firearms and terrorism. Four were acquitted. The applicants’ allegations of torture and ill-treatment were r e-examined in 1997 by the investigating judge who had taken no further action on the case in 1993. The judge ruled on the basis of the previous medical reports, considering it unnecessary to conduct new investigations, and discontinued the proceedings on t he ground that there was insufficient evidence. The applicants submitted further unsuccessful appeals.

Admissible under Article 3, after dismissal of the preliminary objections of inadmissibility submitted by the Government.

© Council of Europe/European C ourt of Human Rights This summary by the Registry does not bind the Court.

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