ABSTRACT
Mr Antonio Hurtado, a Colombian national, was arrested by six officers of the Vaud cantonal police on 5 October 1989. They had thrown a stun grenade before entering the flat, forcing him to the ground and handcuffing and hooding him. It was alleged that they then proceeded to beat him until he lost consciousness. He was questioned at the police headquarters and was not able to change his clothes, which had been dirtied during the police action, until his arrival at the prison on the evening of 6 October. He was examined by a doctor on 13 October; X-rays were taken on 16 October which revealed a fracture of the anterior arch of a rib. His complaint alleging actual bodily harm and abuse of official authority was dismissed by an investigating judge on the ground that there was no case to answer. That decision was upheld by the Federal Court. On 24 May 1991, the District Criminal Court sentenced him to five years’ imprisonment for a serious breach of the Federal Dangerous Drugs Act and ordered him to pay part of the costs. It also directed that he be expelled from Swiss territory and banned from re-entering for 15 years. On 7 October, the Criminal Division of the Vaud Cantonal Court increased the prison sentence to eight years. The applicant complained about his treatment in detention. Comm found by majority (12-4) NV 3 on account of the circumstances of the applicant’s arrest, (15-1) V 3 regarding having to wear soiled clothing, unanimously V 3 regarding not being given immediate medical treatment.
