CAT/C/52/D/366/2008
2.2
The author alleges that on 17 November 2003, while he was being held in local
police station No. 2 of Comodoro Rivadavia, he was subjected to acts of violence, during
which he suffered a superficial cut to the front of the neck and traumatic total ablation of
the right testicle and partial ablation of the left testicle. The author was assisted by the fire
brigade, who took him to Comodoro Rivadavia Regional Hospital (hereinafter “the
Regional Hospital”).1 The author alleges that on the same day his father was informed in a
note from the chief officer of the police station that the author had deliberately injured
himself. His father went to the Regional Hospital at once. The author was able to speak
with him briefly, but only managed to tell him that “it was the police” before they were
separated by the police officers who were at the hospital. However, the author alleges that
he was able to recount all that had happened to a doctor, who in turn informed his father.
2.3
On 19 November 2003, the author’s father lodged a complaint about the police
officers with the Public Prosecution Service of Comodoro Rivadavia. The Office of
Prosecutor No. 2 of Comodoro Rivadavia immediately opened an investigation and
requested information from the Regional Hospital regarding whether it was possible that
the author could have injured himself and about his mental health in general. The Office
consulted a forensic doctor of the judiciary to ascertain whether the author was fit to make a
statement; asked local police station No. 2 to send it a record of all proceedings; and
summoned the accused police officers, the police physician and persons detained in the
same police station to make statements.
2.4
On 20 November 2003, the author was admitted to the mental health unit of the
Regional Hospital. On the same day, a forensic doctor informed the Public Prosecution
Service that the author was recovering from testicular surgery under sedation and was
therefore not in a position to make a statement. On 4 December 2003, the Regional Hospital
transmitted to the Public Prosecution Service a psychiatric report indicating that the author
had experienced a brief psychotic episode; that he was suffering from a serious antisocial
personality disorder; that he had initially been violent and uncooperative and shown
psychopathic tendencies; and that he had been making good progress, and could therefore
be discharged with outpatient follow-up. On 9 December 2003, the author was discharged
and detained in local police station No. 1.
2.5
The author alleges that on 10 December 2003, the Assistance Office for Detainees
and Convicted Prisoners appeared before the First Chamber and expressed the opinion that,
in view of the author’s complaint against members of the police, his state of health and the
lack of security and salubrity in the detention centre, it was recommended that he should be
detained in the mental health unit of the Regional Hospital or, failing that, placed under
house arrest.
2.6
On 12 December 2003, the Assistance Office for Detainees and Convicted Prisoners
submitted an application for habeas corpus on behalf of the author, requesting a cessation of
his detention in police station No. 1 or his house arrest. Meanwhile, the author’s father
requested that the author be transferred to Prison Unit No. 14 in Esquel. In the end, the
1
GE.14-06259
The Committee also takes note of the police report of 17 November 2003, in which it is noted that the
police officers who were on duty at the police station declared that the author had deliberately injured
himself; that a sergeant found him in his cell, sitting on a pillow on the floor, completely naked and
with blood on his chest; that there was an organ on the floor that looked like a testicle; that the author
said that a spell had been cast on him; that the assistance of the fire brigade and a doctor was
requested; and that the duty judge, the secretary of the First Chamber, the Criminal Division and the
duty prosecutor were informed by telephone. When the cell was inspected, a metal object bearing
blood stains was found and the body parts found were sent to the pathological anatomy unit of the
Regional Hospital. Some detainees who were in the same police station as the author also stated that
the author had deliberately injured himself.
3