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

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