SELMOUNI v. FRANCE JUDGMENT
4
gave the police a telephone number in Amsterdam which enabled them to
identify the applicant.
9. On 25 November 1991 Mr Selmouni was arrested following
surveillance of a hotel in Paris. After being identified by
Dominique Keledjian and his girlfriend, Mr Selmouni explained that he had
had business dealings with Dominique Keledjian in the clothes trade. He
denied any involvement in drug trafficking.
10. Mr Selmouni was held in police custody from 8.30 p.m. on
25 November 1991 until 7 p.m. on 28 November 1991. He was questioned
by police officers from the Seine-Saint-Denis Criminal Investigation
Department (“SDPJ 93”) in Bobigny.
11. Mr Selmouni was first questioned from 12.40 a.m. to 1.30 a.m. on
26 November 1991 by the police officers against whom he later made a
complaint. Having been questioned and taken back to the court cells,
Mr Selmouni had a dizzy spell. The court cell officers took him to the
casualty department at Jean Verdier Hospital in Bondy at 3.15 a.m. The
medical observations made by the casualty department read as follows:
“Date of examination: 26 November 1991. 3.15 a.m. Attends casualty complaining
of assault. On examination, several superficial bruises and injuries found on both
arms. Bruises on outer left side of face. Bruise on left hypochondrium. Marks of
bruising on top of head. Chest pains increase with deep respiration. Neurological
examination shows no abnormalities.”
12. On 26 November 1991 the investigating judge extended police
custody by forty-eight hours. Mr Selmouni was questioned from 4.40 p.m.
to 5.10 p.m., at 7 p.m., from 8 p.m. to 8.15 p.m. and from 10.25 p.m. to
11.30 p.m. On the same day Mr Selmouni was examined by a Dr Aoustin,
who made the following observations:
“Bruising to the left eyelid, left arm, lower back. Scalp painful.”
13. On 27 November 1991 Mr Selmouni was questioned from 11 a.m. to
11.40 a.m. On examining him again, Dr Aoustin made the following notes:
“Substantial bruising to the left eyelid, left arm, lower back. Bruising to the scalp.
Ate nothing yesterday … Complaints forwarded.”
14. After being questioned from 9.30 a.m. to 10.15 a.m. on
28 November 1991, Mr Selmouni was again examined by Dr Aoustin, who
noted on his medical certificate:
“Bruising to the left eyelid, left arm, lower back. Bruising to the scalp. No current
treatment.”
15. At 11.30 a.m. on 29 November 1991 the applicant was examined by
Dr Edery, a general practitioner. He drew up a certificate, at Mr Selmouni’s
request, to the effect that Mr Selmouni claimed to have been assaulted. The
certificate stated: