SELMOUNI v. FRANCE JUDGMENT
7
20. The conclusion of the report is as follows:
“CONCLUSION
Mr Selmouni states that he was subjected to ill-treatment while in policy custody.
He presents lesions of traumatic origin on his skin that were sustained at a time
which corresponds to the period of police custody.
These injuries are healing well.”
21. That report was attached to the investigation file opened in respect of
the applicant. On 11 December 1991 the investigating judge sent it to the
public prosecutor’s office.
22. In an order of 8 September 1992 the investigating judge committed
the applicant for trial at the Criminal Court and ordered him to be kept in
detention on remand.
23. On 17 February 1992 the public prosecutor’s office at the Bobigny
tribunal de grande instance instructed the National Police Inspectorate to
question the police officers concerned.
24. When questioned at Fleury-Mérogis Prison by an officer of the
National Police Inspectorate on 1 December 1992, the applicant confirmed
his earlier statement as follows:
“… At about 8.30 p.m. on 25 November 1991 I was arrested in the vicinity of my
hotel, the Terminus Nord, near the Gare du Nord in Paris by two or three plain-clothes
policemen. They pushed me against a wall while pressing the barrels of two guns
against my neck.
I offered no resistance to my arrest and did not struggle.
You remind me that during questioning on 27 November 1992 I admitted that I had
attempted to escape arrest. I dispute that. First of all, I maintain that I did not make
such a statement to the police officer who questioned me and, moreover, I signed the
records of interview without having read them. The policeman told me on my release
from police custody that he had got me to sign that I had resisted arrest and that they
were covered.
I was alone when I was arrested and immediately afterwards I was taken to my hotel
room, which was searched in my presence. Two other policemen were already there.
While they were searching my room, the youngest police officer of the group
punched me on the left temple. When they had finished searching my room I was
taken to the Drugs Squad station in Bobigny and to an office on the first or second
floor.
After I had been subjected to a body search, during which everything in my
possession was taken, my interrogation by five police officers began.