SELMOUNI v. FRANCE JUDGMENT
18
As to the medical findings
The accusations made by the civil parties are supported by unequivocal medical
findings. In the first place, as regards Selmouni, the expert Professor Garnier noted in
his report of 5 May 1998 that all the doctors who had examined him while he was in
police custody had found lesions of traumatic origin on the left arm, in the left orbital
region, on the scalp and on the back. On 29 November 1991 further lesions were seen
on the lower limbs. He added that during his examination on 7 December 1991 he had
again found lesions that had been described earlier and that he found others on the
buttocks and on the right ankle.
The extent of the injuries on Selmouni’s person increased as the uninterrupted
police custody continued.
The bruising to the left eyelid, the thin linear scar one centimetre long continuing
the line of the left eyebrow, the left and right sub-orbital haematomas found on
29 November 1991 by Dr Edery, and then described on 2 December 1991 by Dr Nicot
as being ‘round the eyes’, are consistent with the punching mentioned by Selmouni.
The various haematomas found on the thorax, the left and right sides and the
abdomen are consistent with the punching and kicking in his statement of 7 December
1991.
The pain in the scalp and the headaches mentioned by Drs Aoustin and Edery are
likewise of a kind to support Selmouni’s statements, according to which his hair was
pulled and he was repeatedly tapped on the head with an instrument which could have
been a baseball bat.
The haematomas found on the buttocks and the thighs could only have come from
blows from a blunt instrument. Similarly, the lesions apparent on the legs, ankles and
feet are consistent with the blows or crushing that Selmouni complained of.
It follows from the foregoing that the objective injuries, as recorded in successive
examinations, match the blows described by Selmouni.
As regards Madi, the medical certificates and the expert medical opinions attest to
the reality and intensity of the blows he sustained. Further, as set out by the expert, the
time that elapsed between the appearance of the objective injuries and the events in
issue strongly suggests repeated small injuries.
The scalp abrasions are absolutely consistent with his statement that on numerous
occasions he was repeatedly struck on the head with a blunt instrument.
The rectangular shape of the large haematoma on the right thigh and of the three
haematomas on the left thigh corresponds exactly to blows struck with a blunt
instrument, as described by the complainant.