CAT/C/55/D/500/2012 the house in Rosarito and to possessing the weapons found inside. They put plastic bags on their heads again, after which Orlando Santaolaya and Ramiro Ramírez lost consciousness and had to be revived by an army doctor. 2.7 That day and in the same barracks, the soldiers presented the complainants to the press as a “gang of kidnappers” and were photographed with weapons that had supposedly been found. After the press conference, the complainants were led to a room, where they were joined by about 10 soldiers who started to beat and interrogate them again. The soldiers told them that, the following day, a public prosecu tor would come to take statements from them and that they would have to admit to the kidnapping and to the possession of weapons. When they refused, the soldiers hit them and began to rip out their toenails. In order to stop the torture, the complainants eventually agreed to confess to the public prosecutor the following day. 2.8 Also on 16 June, a doctor from the Ministry of Defence examined the complainants, noting some minor injuries but conclud ed that the detainees showed no signs of torture. On 31 July 2009, the same doctor conducted a second examination, in which he noted the need for Ramiro López to undergo ear, nose and throat examinations and for Ramiro Ramírez to have his jaw X -rayed. The medical report did not, however, mention any possible ill-treatment. 2.9 On 17 June 2009, a public prosecutor arrived at the barracks to take statements. The complainants signed their statement in front of the prosecutor, blindfolded and without the presence of a lawyer of their choice. Ramiro López refused to conf ess to participating in criminal activities and described the treatment that he had received in detention to the prosecutor, who did not, however, show any reaction. Once the complainants had signed, the prosecutor left the barracks and they remained in military custody. 2.10 That same day, an expert from the Attorney-General’s Office examined Ramiro López and produced a report in which he noted several injuries, including a burst eardrum. On 21 June 2009, a medical examination of the complainants described clear physical injuries and recommended that a proper medical evaluation should be conducted. It was recommended that Ramiro Ramírez should undergo a special maxillofacial examination and that Ramiro López should undergo an ear, nose and throat examination as he had a burst eardrum. 2.11 The complainants were held incommunicado at the barracks for four days, gagged with tape and bound hand and foot during the night. They were given no food or water, and not allowed to go to the toilet. They also continued to be beaten and were forced to read out sentences dictated by the soldiers into a tape recorder so that the agents could fabricate evidence against them. 2.12 On 19 June 2009, the public prosecutor tasked with the preliminary investigation requested that the complainants should be held in preventive custody (arraigo), 1 to be served in the same barracks where they were detained. On 20 June 2009, the Second Federal Criminal Court specializing in searches, preventive custody and interception of communications ordered that the complainants should be held in preventive custo dy until 30 July 2009 in the designated barracks and that they should remain at the disposal of the Prosecution Service. 2.13 On 20 June 2009, relatives of Ramiro López were able to visit him for the first time, in the presence of army personnel. They noticed evidence of injuries to his face __________________ 1 4/19 Article 16 of the Constitution states that: “When dealing with organized crime, the judicial authority, at the request of the Prosecution Service, may order that a person be held in preventive custody […], if such detention is necessary for the succ ess of the investigation or for the protection of persons or property, or if there is a well-founded risk that the defendant will abscond from justice. […] [T]he total period of preventive custody may not, however, exceed 80 days. ” GE.15-17782

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