In violation of the principles of the UN “Convention against Torture”, Silvia had been prevented from providing her defence with the Istanbul Protocol drawn up by the Sir[a] Centre, which attests to the abuses.
The Provincial Court finally admitted yesterday during the trial, the expert report drawn up by the Sir[a] Centre on Silvia. A resident of Getxo, who was assaulted at the police station by the police. Her trial has been postponed until the evidence is reviewed.
Silvia was arrested after rebuke two Ertzaintza officers who treated a person who was begging at the door of a supermarket in a vexatious manner. Later, at the police station, after claiming her letter of rights, she was beaten by the officers, punched and pushed. Although the aggression was recorded in the video, The officers filed a complaint against Silvia for possible offences of “attack”, “resistance” and “injury”. To this was added a complaint from the Basque Government, which intervened in the case, calling for 7 years in prison for her for resisting and assaulting authority.
In a reversal unusual, and without respecting the international standards set by the Committee Against Torture the court had rejected as evidence the expert report based on the UN report on the Istanbul Protocol that we developed from the Sir[a] Centre, at the request of the defence.
This report not only confirms the consistency of Silvia's story, but also reflects other impacts such as severe depressive symptoms, post-traumatic stress disorder, a breakdown in the vision of the world as a safe place, or a deepening distrust of human beings, among others.
The Istanbul Protocol in Spain
While the court's rectification is a cause for celebration, the refusal to admit the evidence at first instance again calls into question the commitment of the State with the fulfilment and defence of Human Rights. In this regard, as we stated in the report we submitted to the Committee Against Torture in June of this year, the European Court of Human Rights has condemned the Spanish State on 12 occasions for its failure to investigate allegations of torture in the country. In fact, in its judgements, not only the lack of political will is highlighted, but also the lack or deficiency of forensic documentation of these situations.
We at the Sir[a] Centre will continue to advocate the need for the State to officially recognise the Istanbul Protocol as a reference manual for documenting and investigating the allegations of torture; and to ensure that all relevant staff are trained on how to research y document this type of action.