He must pay 3,000 euros after the Committee against Torture saw signs of cruel, inhuman and degrading treatment
MADRID, May 9. (EUROPE PRESS) –
The National Court has sentenced the State to pay compensation of 3,000 euros to a woman from Córdoba who was detained by the Police and who reported injuries caused by the agents as a result of a decision by the United Nations Committee Against Torture (CAT). Nations (UN) that found reasonable evidence of cruel, inhuman and degrading treatment.
In a ruling dated April 27, to which Europa Press has had access, the Contentious-Administrative Chamber indicates that this resolution indicates that Spain has failed to comply with its obligation to ensure medical assistance to the claimant and full and adequate compensation for the suffering caused, including compensation measures for material and moral damages and rehabilitation measures.
The affected woman filed a complaint with the CAT once the Spanish courts, through criminal law, filed her complaint. This body considered in a decision dated January 15, 2020 that she had been a victim of inhuman, cruel and degrading treatment and that the Spanish State should provide her with full and adequate compensation for the damage caused.
It was then that the claimant went to the Ministry of the Interior to be compensated for the damages suffered during her detention, on January 27, 2013 in Córdoba, and filed a claim for the patrimonial responsibility of the State against the dismissal resolution of the Administration due to administrative silence of the department led by Fernando Grande-Marlaska.
Now, and as there is no evidence that such repair has taken place, the Chamber points out that one of the possible mechanisms for repairing the damage caused may be that of the administration’s patrimonial liability claim.
“THE VIOLATION OF RIGHTS IS MAINTAINED AND PERPETUATED”
Especially, given that the opinion of the CAT can be the enabling budget to formulate the patrimonial claim of the State for abnormal functioning of the administration as the last channel to obtain reparation.
In this context, the ruling states that what is relevant in this case is that as long as full and adequate reparation is not made for the damages caused in execution of the CAT’s decision, “the violation of human rights that it declares, namely, that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.
“Therefore, once the violation of the right has been declared in the Decision of the CAT, its lack of execution is what perpetuates said violation, maintaining its effects, since, as verified in the proceedings, the Spanish State – through the Ministry of the Interior — has allowed a prolonged period of time to elapse without giving due and complete execution”, states the sentence.
“Neither within the corresponding follow-up process, in which he even stated that he had to abide, exclusively, by internal judicial decisions, nor in the subsequent request of the interested party for information and urging that action be taken, which does not appear to have been answered, nor finally in the subsequent procedure of patrimonial responsibility after the plaintiff’s claim, in which its resolution has been produced by administrative silence”, adds the court.
Finally, and although the complaint determines the damages suffered from the days of healing of the injuries and a double sequel, psychological and aesthetic in the total amount of 8,931 euros, the magistrates establish “sufficient and fully reparative the
amount of 3,000 euros”.
