2018/02/15

ECHR condemns Spain, again, for "inhuman and degrading treatment" of prisoners

Europe's top rights court on Tuesday ordered Spain to compensate two Basque militants for the "inhuman and degrading treatment" they suffered in police custody. The European Court of Human Rights (ECHR) did not however uphold the men's claim that they had been tortured.

Igor Portu and Martin Sarasola claimed they were kicked and punched by officers following their arrest by in early 2008. Portu was hospitalised for five days with injuries. Sarasola, who was held for days at an unknown location and also suffered injuries, said he was threatened and beaten.

A Spanish court in 2010 convicted four members of the paramilitary Guardia Civil of torture but the Supreme Court overturned the verdict a year later, saying that there was no proof that the men sustained their injuries in custody.

The two men then took their case to the ECHR in Strasbourg, which partly upheld their claims.

In its ruling Tuesday, the court noted that "neither the domestic authorities nor the government had provided any convincing or credible arguments which could serve to explain or justify the injuries sustained by the applicants".

The ECHR said that their treatment WAS "inhuman and degrading" and ordered Spain to pay Portu and Sarasola 30,000 euros and 20,000 euros respectively in damages for the infringement of their basic rights. Some judges added that it was a clear case of torture.

The Spanish government had yet to react. Only in 2016 the ECHR condemnes Spain twelve times for violating human rights.

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