SELMOUNI v. FRANCE JUDGMENT
5
“Headaches, bruises under left and right eyes, on left and right arms, back, thorax,
left and right thighs and left knee. All areas painful.”
16. On the same day the applicant was brought before the investigating
judge, who charged him with offences against the dangerous drugs
legislation and remanded him in custody. On Mr Selmouni’s first
appearance before the investigating judge, the latter, on his own initiative,
appointed Dr Garnier, an expert in forensic medicine on the Paris Court of
Appeal’s panel, to examine Mr Selmouni, “who claim[ed] to have been
ill-treated while in police custody”, and another person, Mr Abdelmajid
Madi, arrested on 26 November 1991 and charged with the same offences.
17. On 2 December 1991 the applicant was examined by Dr Nicot from
the medical department of Fleury-Mérogis Prison. In a medical certificate
drawn up at Mr Selmouni’s request the doctor made the following
observations:
“… extensive bruising to the trunk and thighs and substantial bruising round the
eyes. Presents conjunctival bruises. Says sight impaired in left eye.”
18. On 7 December 1991 Dr Garnier, the expert appointed by the
investigating judge, examined the applicant at the prison. Mr Selmouni
made the following statement to the doctor:
“I was stopped in the street on 25 November 1991 at about 9 a.m. There were no
problems at that stage. I was taken to the hotel where I was living. One of the six
plain-clothes policemen then hit me in the area of my left temple. I was then taken to
Bobigny police station. At about 10 a.m. I was taken up to the first floor, where about
eight people started hitting me. I had to kneel down. One police officer pulled me up
by my hair. Another policeman hit me repeatedly on the head with an instrument
resembling a baseball bat. Another one kept kicking and punching me in the back. The
interrogation continued non-stop for about an hour. In the night I asked to be
examined. I was taken to hospital, where I had head and chest X-rays. I was hit again
at about 9 p.m. the following day during a further interrogation and this went on until
2 a.m. When I arrived at Fleury, I underwent a medical examination.”
19. The doctor noted in his report:
– “sub-orbital haematoma extending 2 cm below the left lower eyelid, purplish,
almost completely healed,
– thin linear scar, approximately 1 cm long, continuing the line of the left eyebrow,
– one right sub-orbital haematoma, almost completely healed,
– multiple skin abrasions (six of which are large), almost completely healed, on the
left arm,