SELMOUNI v. FRANCE JUDGMENT
10
The officer in charge is slightly balding. The one who showed me his penis and then
sodomised me with a truncheon is of medium height, fairly thickset, aged 30 to 35,
and fair-haired.
As soon as I was brought before the investigating judge, I told him that I had been
assaulted, and a few days later I was examined at the prison. However, on the actual
day I was brought before the investigating judge I had seen a doctor at the Bobigny
law courts.
I have had a lawyer for one month and have informed him of the manner in which I
was treated while in police custody.
When I arrived at the prison, the marks left by the assault were all over my body. I
now have trouble with my eyes.
I am lodging a complaint against the policemen.”
25. The record of the interview was sent to the Bobigny public
prosecutor on 2 December 1992 as part of the proceedings numbered
B.92.016.5118/4.
26. In a judgment of 7 December 1992 the Thirteenth Division of the
Bobigny Criminal Court sentenced the applicant to fifteen years’
imprisonment and permanent exclusion from French territory and, as to the
civil action by the customs authorities, ordered him to pay, jointly and
severally with his co-accused, an aggregate sum of twenty-four million
French francs. In a judgment of 16 September 1993 the Paris Court of
Appeal reduced the prison sentence to thirteen years and upheld the
remainder of the judgment. On 27 June 1994 the Court of Cassation
dismissed the applicant’s appeal.
27. Mr Selmouni attended Hôtel-Dieu Hospital for treatment at regular
intervals during his detention.
B. The investigation proceedings
28. On 1 February 1993 the applicant lodged a criminal complaint
together with an application to join the criminal proceedings as a civil party
with the senior investigating judge at the Bobigny tribunal de grande
instance for “assault occasioning actual bodily harm resulting in total
unfitness for work for more than eight days; assault and wounding with a
weapon (namely a baseball bat); indecent assault; assault occasioning
permanent disability (namely the loss of an eye); and rape aided and abetted
by two or more accomplices, all of which offences were committed between
25 and 29 November 1991 by police officers in the performance of their
duties”.