Switzerland: Authorities should not authorize extradition of Ms. Nekane Txapartegi to SpainGeneva - 12 August 2016. Swiss
authorities should not authorize the extradition of Ms. Nekane Txapartegi, a
Spanish woman suspected of collaborating in the 90s with Euskadi Ta Askatasuna (ETA), as her conviction appears to be based
on information obtained under torture.
to the information received, Ms. Nekane Txapartegi
was arrested in Zurich on 6 April 2016 following an extradition request
issued by the Spanish authorities on 25 May 2015, after she fled her country in
2007. She has been living in Switzerland for the last seven years. Ms.
Txapartegi was sentenced to 6 years and 9 months in prison in 2007 for
collaboration with a criminal organization (ETA). Strong evidence indicates
that Ms. Txapartegi was tortured to extract self-incriminating statements
leading to her conviction.
to the same information received, on 9 March 1999, Ms. Txapartegi was
apprehended by the Spanish Guardia Civil
(Civil Guard) and held for five days in incommunicado detention. During the 120
hours in custody, she was subjected to brutal acts of torture including rape by
mutiple perpetrators, beatings, suffocation through plastig bags, threats of electric
shocks, sleep deprivation, forced nudity and a mock execution.
the existence of solid evidence including eyewitness testimony and medical
reports identifying multiple injuries and psychological sequelae consistent
with torture, information extracted during the period of incommunicado
detention was used as a key piece of evidence to convict her. In addition, the
complaint of torture lodged by Ms. Txapartegi was shelved without previously
questioning the vast majority of
has been condemned on numerous occasions over the last years by international
human rights bodies for the use of incommunicado detention and the lack of
prompt, effective and independent investigations into acts of torture, in
particular in the framework of the fight against ETA. The European Court on
Human Rights has ruled against Spain on seven occasions for breaches of article
3 of the Convention (prohibition of torture and inhuman or degrading
treatment), the last one being the case Xabier
Beortegui Martínez v. Spain (judgment of 31 May 2016).
the existence of torture has been acknowledged by former high ranking officials
of the Guardia Civil and judges, such as Mr.
José Ricardo de Prada, magistrate of the National High Court (Audiencia Nacional), who in a public
event on 24 April 2016 deplored the lack of thorough investigations into grave
allegations of torture. However, torture remains taboo
in the country and the authorities continue to fail to implement the judgements
and recommendations issued by international mechanisms, as already denounced by the OMCT on previous occasions.
to the preliminary findings, made public in June 2016,
of a report commissioned by the Basque regional Government to the University of
the Basque Contry-Basque Institute of Criminology, which includes forensic,
documentary and testimonial evidence, more than 4'000 people were tortured in
the Basque Country between 1960 and 2013, particularly detainees held under
incommunicado detention in connection with terrorist-related investigations. Ms.
Txapartegi appears on the database as one of the victims identified in the
study and, according to the forensic experts in charge of the report, the
allegations and symptoms in her case are highly consistent with those of
Txapartegi is currently held in the Prison of Zurich awaiting extradition to
Spain, the case is being reviewed by the Swiss Federal Office of Justice who
will render a decision in the coming days.
International Secretariat of the OMCT calls on the Swiss authorities to uphold
the absolute prohibition of torture in accordance with international human
rights law, in particular the UN Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT Convention), by conducting an
in-depth investigation to ascertain whether it is likely that Ms. Txapartegi
was tortured to obtain a confession. If so, in accordance with Swiss
extradition rules, the extradition request should be refused, as the criminal
proceeding abroad would be compromised by the non-observance of the
exclusionary rule of evidence obtained under torture (article 15 of the CAT
Convention) and, subsequently, would not meet the basic due process and fair
trial standards, in contravention with articles 6 of the European Convention on
Human Rights and article 14 of the International Covenant on Civil and
Political Rights. Subsidiarily, extradition should be made subject to the
condition of a retrial where torture allegations are investigated thoroughly,
the exclusionary rule is upheld and the fairness of the proceeding is ensured.
For further information, please contact:
International Secretariat: Helena Solà Martín (firstname.lastname@example.org, +41 22 809
49 39) / Lori Brumat (email@example.com, +41 22 809