COMMITTEE AGAINST TORTURE TAKES UP REPORT OF SPAIN

CAT
29th session
12 November 2002
Morning



Government Delegation Queried on Immigration Policy,
Solitary Confinement Regime, Human Rights Training Measures




The Committee against Torture began review this morning of a fourth periodic report of Spain, questioning a Government delegation, among other things, about procedures allowing incommunicado detention for up to five days and about treatment of immigrants, including unaccompanied minors.
Committee Experts expressed concern that isolation of detainees for up to five days, even if it was done only in rare and serious circumstances, was too long and that the accepted standard for incommunicado detention was 72 hours. They said they had received reports that immigrants were treated differently, based on race. And they sought information on procedures for coping with unaccompanied child immigrants and asylum-seekers.
The Spanish report was introduced by Fernando Manzanedo Gonzalez, Technical Secretary-General of the Ministry of the Interior, who said among other things that Spain’s commitment to human rights had been illustrated by its ratification of the Rome Statute of the International Criminal Court, the offer to the C of Spanish prison facilities for imprisonment of those sentenced by the Court, and the ever-increasing participation of Spanish police and Security forces in United Nations peacekeeping and peace-making operations
In addition to Mr. Gonzalez, the Spanish delegation consisted of Ambassador Joaquin Perez-Villanueva y Tovar, Permanent Representative of the Mission of Spain; Antonio Cerrolaza Gomez, Technical Vice-Secretary, Ministry of Interior; Javier Nistal Buron, Sub-Director General of the Penitentiary Management; Pablo Martin Alonso, Director of Cabinet for the Coordination and Study of the Secretary of State for Security; Carlos Guervos Maillo, Sub-Director General for Immigration; Francisco Javier Borrego Borrego, Attorney General at the European Court for Human Rights; and members of the Permanent Mission of Spain.
The Spanish delegation will respond to the Committee's questions on Wednesday, 13 November, at 3:30 p.m.
Spain, as one of the 129 States parties to the Convention against Torture, must provide periodic reports to the Committee on efforts to put the Convention into effect.
The Committee will reconvene in public session at 10 a.m. Wednesday to begin consideration of a fourth periodic report of Egypt.

Report of Spain
The report (CAT/C/55/Add.5) reviews implementation of the Convention on an article-by-article basis, focusing on new measures and developments related to implementation. It remarks, among other things, that since Spain signed the Convention against Torture, there has been a perceptible growth in awareness of and hostility towards the crimes of torture and ill-treatment, and that this awareness is reflected in continuing progress in codifying laws and standards on the subject. Isolated cases apart, torture and ill-treatment do not occur in Spain, the document states.
The report notes that one sign of the regulatory changes Spanish authorities have introduced over the past few years is a 1995 amendment to the Spanish Penal Code made at the suggestion and prompting of the Committee against Torture. After some years of experience in practice, it may be said that the amendment has consolidated the Spanish legal order with respect to the crime of torture in a manner that the Spanish Government regards as positive. Besides listing torture as a serious offence punishable by six months to two years imprisonment, article 57 of the Penal Code, as amended by the Organization Act of 9 June 1999, allows courts or tribunals the possibility of incorporating into their sentences in torture cases one or more of the following bans: On approaching the victim or members of the victim's family, on communicating with the victim or members of the victim’s family or on returning to the place where the crime was committed or where the victim and family live.
The report also notes that the features of the crime of torture are communicated to the personnel of the national Security Force so that they are aware that torture is illegal and cannot be justified, that they cannot be instructed to act otherwise, and that punishment for failure to obey illegal orders in connection with torture is prohibited.

Presentation of Report
FERNANDO MANZANEDO GONZALEZ, Technical Secretary-General of the Ministry of Interior, said among other things that terrorism entailed the denial of the fundamental rights and liberties that were the cornerstone of democratic societies. In this regard, alongside with the other members of the international community, Spain actively participated in the joint fight against the threat that terrorism posed to international security.
Mr. Manzanedo Gonzalez reviewed recent signs of Spain’s commitment to human rights, such as the ratification of the Rome Statute of the International Criminal Court (ICC ), the offer to the ICC of Spanish prison facilities for the imprisonment of those sentenced by the Court, and the ever increasing participation of Spanish police and Security forces in United Nations peacekeeping and peace making operations.
Mr. Manzanedo Gonzalez said new legislation adopted in 2000 concerning immigration policy granted to immigrants a set of rights and guarantees unmatched in any of the most advanced legal systems in the region, including the right to full medical assistance even when immigrants were in an illegal situation.
The Spanish legislation only allowed a solitary confinement regime for a detention period of up to a maximum of five days, always as an exception and for particularly serious crimes. The Council of Europe Guidelines on Human Rights and the Fight against Terrorism expressly stated that the specificities related to the fight against terrorism may justify certain restrictions of, among other rights of detainees, access and contacts with lawyers, Mr. ManzanedoGonzalez said.
Mr ManzanedoGonzalez acknowledged the slow pace of procedures in cases where a police officer was suspected of having committed a crime or an offence, and said important efforts needed to be made to have a more expedient judicial system. Legal and disciplinary means worked but they could work better, he said.
Mr. Manzanedo Gonzalez said initiatives had been undertaken to raise awareness of the essential importance of human rights and their active protection by security forces. Since 1998, and under the same pedagogical prism, an intensive training effort had been carried out. A good reflection of the specialization level, training and professionalism of the state security forces was the fact that during the 1990’s Spanish police personnel had taken part in UN peacekeeping operations in an number of international conflicts, in countries such as Former Yugoslavia, Angola, and El Salvador.

Discussion
Serving as Rapporteur on the report of Spain was Committee Expert ALEJANDRO GONZALEZ POBLETE. He recalled that Spain had made no reservation to the Convention against Torture, and ratified the Statute of the International Court of Justice on the 21 of October 2000. Mr. Gonzalez Poblete welcomed the additional report recently submitted by Spain referring to the period 2000-2002, and the active role played by Spain in promoting the International Court of Justice during the country’s presidency of the European Union.
Mr. Gonzalez Poblete made no remarks concerning the normative actions undertaken by Spain but regretted the absence of practical references and information about the implementation of the Convention against Torture in the report. In this regard, he asked the delegation to provide information about recent complaints, investigations, proceedings and sentences for acts of torture and other cruel, inhuman or degrading treatment or punishment. Mr. Gonzalez Poblete also regretted that the report made no reference to the recommendations made by the Committee following its examination of the country's previous report. .
Mr. Gonzalez Poblete remarked that the new Criminal Code contained no effective measures to prevent torture. Nevertheless, he asked for examples of the effectiveness of the provisions that condemned torture. He also said the communication made to the personnel of the national Security Forces concerning the features of torture was not enough to prevent acts of torture.
The Spanish report noted that there was no torture in Spain, except in isolated cases, and that claims were rare, Mr. Gonzalez Poblete said, but he quoted a recent report of Amnesty International which referred to some inhuman acts and cruel treatment. “Inhuman acts are not question of quantity but of degree,” he said.
Mr Gonzalez said immigration was a delicate problem because Spain was one of the gateways to Europe. Allegations of violence as well as acts of racism and xenophobia by the police and civil guard against immigrants were alarming, he said. He also asked about the scope of application of new European Union legislation concerning extradition.
Serving as Co-Rapporteur on the report was Committee Expert OLE VEDEL RASMUSSEN. He asked among other things if Spain intended to publish the last report of the Committee for the Prevention of Torture. Mr. Rasmussen expressed concern about the fact that in certain cases, detainees had only a restrictive access to a lawyer, who was appointed by the State. Moreover, sometimes a detainee was not allowed to have access to a lawyer or a doctor. Concerning incommunicado detention, Mr Rasmussen asked how many detainees had suffered such treatment over the last few years, how many of them had been found not guilty and if they had received any compensation.
Mr. Rasmussen said Spanish authorities could play a more active role in rehabilitation of victims of torture in other countries by giving more funding to initiatives undertaken to help the “survivors of torture”. He also referred to the Amnesty International report which noted that when torture had been found to have occurred and torturers were convicted, awards and compensation by courts to torture victims were usually low; and that such cases could take between seven and 19 years to be decided. Something had to be done in this regard, he said.
Other Committee members also put questions. They asked, among other things, about treatment of immigrants, as police forces seemed to treat persons differently based on race. An expert remarked that testimony obtained by torture or ill-treatment was not admissible and could not be used directly or indirectly in court proceedings against the victim or anyone else. Many experts expressed concern about incommunicado detention, which they said was too long, as the usual maximum acceptable length was 72 hours. Without visits by lawyers, independent medical professionals, family or others to provide scrutiny of the detainee’s health and conditions, human rights violations were far more likely to occur, an expert said.
Experts also asked, among other things, for more statistical data; what reparations were provided for victims of sexual assaults; what were the complaint procedures for detainees; whether sexual violence was monitored in prisons; and how female prisoners were guarded. One expert asked for an update on cases of rape as torture, such as on a case highlighted by Amnesty International concerning Rita Margaret Rogiero, a Brazilian national, and Miriam Rosa Verastegui Templo, a Peruvian national. Concern about the high number of asylum seekers and about unaccompanied minors from other countries, as well as measures taken for safe return of these children, was also expressed. Committee Chairman Peter Thomas Burns welcomed the fact that 14 police officers had been prosecuted for acts of torture, which proved Spain’s commitment to combatting human rights violations.



* *** *