Spain
19.11.02
Urgent Interventions
Spain: Press Release: Conclusions of UN Committee against Torture on Spain.
World Organisation Against TortureP.O. Box 21- 8, rue du Vieux BillardCH 1211 Geneva 8, SwitzerlandPhone: 0041/22 809 49 39 / Fax: 0041/22 809 49 29E-mail: omct@omct.org / Website: www.omct.org
PRESS RELEASE
Geneva, 19 November 2002
OMCT welcomes the conclusions of UN Committee against Torture on Spain
OMCT welcomes the Conclusions and Recommendations of the UN Committee Against Torture which highlights some of the central issues in Spain which constitute an obstacle to the implementation of the Convention against Torture in the country, including:
· the number of reports of ill-treatment and torture, which includes allegations of rape and sexual abuse of immigrants allegedly motivated by racial discrimination and the inadequacy of present legislation to address such cases;
· allegations of ill-treatment during expulsion proceedings, in particular cases of children;
· the application of prolonged incommunicado detention in certain cases;
· the harsh conditions of detention and the application of sensorial deprivation to prisoners classified under the Special Internal Files (FIES),which the Committee concluded could be considered to constitute inhuman and degrading treatment; and
· the long delays in judicial investigations which can lead to the impunity of alleged perpetrators of torture and lack of redress for the victims.
In preparation to the session of the Committee Against Torture, OMCT supported the work of the Coordinadora de Solidaridad con las Personas Presas which presented a report to the Committee that was the result of a collaboration of the following Spanish organizations: Asociación Apoyo (Madrid); Asociación Contra la Tortura; Asociación Libre de Abogados; Aspas (Madrid); Asamblea de Entrevías (Madrid); Asociación Pro Derechos Humanos de Andalucía; Centro de Documentación sobre la Tortura; Colectivo de Jóvenes de la Coma (Valencia); Comité Anti-Sida de Salamanca; Coordinadora de Barrios de Madrid; Coordinadora Contra la Marginación de Cornellá; Madres Unidas Contra la Droga (Madrid); Nais en Loita (Galicia); Plataforma de Grupos de Suports a Presos i Preses (Barcelona); PreSOS- Galiza; Salhaketa.
A report on violence against women in Spain was also submitted by OMCT.
OMCT invited representatives of the Coordinadora to come to Geneva to participate in an NGO briefing to the Committee.
In their report and during the briefing to the Committee, representatives of the Coordinadora highlighted, among others, the following concerns: the fact that reports of ill-treatment and torture both in police custody and in prisons, are common in Spain and not isolated instances as was claimed by the authorities in their report to the Committee; the enormous difficulties including reprisals, faced by those who attempt to denounce torture and ill-treatment whether these be the victims, lawyers, NGOs or police officers and prison officials; the legal shortcomings and administrative and other practices which lead to and ensure impunity.
The Committee Against Torture recommended, among others:
· That the government take measures to avoid racist and xenophobic incidents and that the provision in the Criminal Code which defines torture be amended so that it better addresses such cases;
· That the government consider allowing detainees kept incommunicado the possibility of being examined by a forensic doctor together with a doctor of his or her choice;
· A reminder of Spain’s obligation to carry out prompt and impartial investigations and try alleged perpetrators of human rights violations, in particular torture.
After receiving the Committee’s Conclusions and Recommendations the representative of the Spanish government declared that the contradiction between information presented by NGOs and the government regarding numbers of allegations of torture in Spain are of concern to the government and invited the members of the Committee to carry out an onsite visit to the country.
OMCT would like to urge the government of Spain to carefully consider the Conclusions and Recommendations of the UN Committee Against Torture and to adopt all necessary measures so as to ensure that Spain complies with its obligations under the Convention against Torture.
_______________________________________
For copies of the alternative report by the Coordinadora (in Spanish) or for further information please contact OMCT at + 41 22 809 49 39 or e-mail: omct@omct.org
PRESS RELEASE
Geneva, 19 November 2002
OMCT welcomes the conclusions of UN Committee against Torture on Spain
OMCT welcomes the Conclusions and Recommendations of the UN Committee Against Torture which highlights some of the central issues in Spain which constitute an obstacle to the implementation of the Convention against Torture in the country, including:
· the number of reports of ill-treatment and torture, which includes allegations of rape and sexual abuse of immigrants allegedly motivated by racial discrimination and the inadequacy of present legislation to address such cases;
· allegations of ill-treatment during expulsion proceedings, in particular cases of children;
· the application of prolonged incommunicado detention in certain cases;
· the harsh conditions of detention and the application of sensorial deprivation to prisoners classified under the Special Internal Files (FIES),which the Committee concluded could be considered to constitute inhuman and degrading treatment; and
· the long delays in judicial investigations which can lead to the impunity of alleged perpetrators of torture and lack of redress for the victims.
In preparation to the session of the Committee Against Torture, OMCT supported the work of the Coordinadora de Solidaridad con las Personas Presas which presented a report to the Committee that was the result of a collaboration of the following Spanish organizations: Asociación Apoyo (Madrid); Asociación Contra la Tortura; Asociación Libre de Abogados; Aspas (Madrid); Asamblea de Entrevías (Madrid); Asociación Pro Derechos Humanos de Andalucía; Centro de Documentación sobre la Tortura; Colectivo de Jóvenes de la Coma (Valencia); Comité Anti-Sida de Salamanca; Coordinadora de Barrios de Madrid; Coordinadora Contra la Marginación de Cornellá; Madres Unidas Contra la Droga (Madrid); Nais en Loita (Galicia); Plataforma de Grupos de Suports a Presos i Preses (Barcelona); PreSOS- Galiza; Salhaketa.
A report on violence against women in Spain was also submitted by OMCT.
OMCT invited representatives of the Coordinadora to come to Geneva to participate in an NGO briefing to the Committee.
In their report and during the briefing to the Committee, representatives of the Coordinadora highlighted, among others, the following concerns: the fact that reports of ill-treatment and torture both in police custody and in prisons, are common in Spain and not isolated instances as was claimed by the authorities in their report to the Committee; the enormous difficulties including reprisals, faced by those who attempt to denounce torture and ill-treatment whether these be the victims, lawyers, NGOs or police officers and prison officials; the legal shortcomings and administrative and other practices which lead to and ensure impunity.
The Committee Against Torture recommended, among others:
· That the government take measures to avoid racist and xenophobic incidents and that the provision in the Criminal Code which defines torture be amended so that it better addresses such cases;
· That the government consider allowing detainees kept incommunicado the possibility of being examined by a forensic doctor together with a doctor of his or her choice;
· A reminder of Spain’s obligation to carry out prompt and impartial investigations and try alleged perpetrators of human rights violations, in particular torture.
After receiving the Committee’s Conclusions and Recommendations the representative of the Spanish government declared that the contradiction between information presented by NGOs and the government regarding numbers of allegations of torture in Spain are of concern to the government and invited the members of the Committee to carry out an onsite visit to the country.
OMCT would like to urge the government of Spain to carefully consider the Conclusions and Recommendations of the UN Committee Against Torture and to adopt all necessary measures so as to ensure that Spain complies with its obligations under the Convention against Torture.
_______________________________________
For copies of the alternative report by the Coordinadora (in Spanish) or for further information please contact OMCT at + 41 22 809 49 39 or e-mail: omct@omct.org