In Dialogue with Spain, Experts of the Committee against Torture Praise the State’s Improved Management of Irregular Migrant Arrivals, Ask About 2022 Migrant Deaths and Alleged Excessive Use of Force by the Police
The Committee against Torture today concluded its consideration of the seventh periodic report of Spain, with Committee Experts praising the State’s improved management of irregular migrant arrivals, and raising questions about migrant deaths occurring in an incident in June 2022 and alleged excessive use of force by the police against 2017 demonstrations in Catalonia.
Ana Racu, Committee Expert and Rapporteur for the report of Spain, said the measures that Spain had implemented regarding the protection of migrants and refugees had resulted in a generally well-functioning refugee reception system in the country and improved management of irregular migrant arrivals to the country’s coasts, particularly to the Canary Islands. Ms. Racu also welcomed plans to improve holding facilities for migrants.
Despite improvements, Ms. Racu noted, the United Nations High Commissioner for Refugees continued to report instances of summary returns. What was the situation with regard to the deaths of 23 migrants on June 24 last year, and what measures did the Government intend to take to prevent such atrocities in the future?
Erdogan Iscan, Committee Expert and Rapporteur for the report of Spain, raised allegations of the excessive use of force by law enforcement officials against demonstrators during the events that occurred in Catalonia in October 2017. What investigations were underway or had concluded since the submission of the report?
Introducing the report, Aurora Diaz-Rato Revuelta, Permanent Representative of Spain to the United Nations Office at Geneva and head of delegation, said the Committee’s previous recommendations had been a great help in making ongoing progress, and installing plans and policies. The Government had made it a priority to respond to all aspects.
The delegation said summary returns of asylum seekers did not occur. Deportations occurred with full regard for the rights of the persons concerned. The Spanish Cabinet had approved an infrastructure plan for holding centres for asylum seekers. The centres were being improved in line with national preventive mechanism recommendations.
The delegation conveyed its sadness regarding the June 2022 incident that led to the deaths of migrants, and condemned the criminal gangs involved in this incident. Criminal gangs were a threat, and combatting them was part of the State party’s migration policy. The European Court of Human Rights had handed down decisions regarding the incident, finding that the State had not failed to provide effective remedies. The police had acted appropriately when the migrants jumped over the border.
The judicial system, Ms. Diaz-Rato Revuelta said, had the wherewithal to deal with complaints of ill treatment, with the resources to carry out investigations necessary to carry out the best judicial response to aid victims.
The delegation added that public officials would be punished both from the legal point of view and the disciplinary point of view for excessive use of force. The police force was committed to respecting all fundamental human rights, including in demonstrations that turned violent. Demonstrations could only be disbanded when the local authorities deemed it fit, and the use of the right equipment was subject to checks by the authorities. There was an innovative system for complaints and suggestions that had been created to ensure that the administration was subjected to quality control.
In concluding remarks, Claude Heller, Committee Chair, said that the dialogue had been extremely constructive, and the delegation had provided extremely detailed answers. The Committee would issue concluding observations based on its assessment of the State party’s report, and he called on the State party to follow up on them.
Fernando Fernández-Aguayo Muñoz, Director of the Human Rights Office, General Directorate of the United Nations and Human Rights, Ministry of Foreign Affairs, European Union and Cooperation of Spain, in concluding remarks, restated Spain’s commitment to the treaty bodies system. The State party looked forward to receiving the Committee’s concluding observations, which it would give deep consideration.
The delegation of Spain consisted of representatives from the Ministry of Foreign Affairs, European Union and Cooperation; Ministry of Justice; Ministry of the Interior; Ministry of Equality; Ministry of Inclusion, Social Security and Migration; and the Permanent Mission of Spain to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Spain at the end of its seventy-seventh session on 28 July. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next meet in public on Monday, 24 July at 11 a.m. to discuss follow-up to concluding observations.
Report
The Committee has before it the seventh periodic report of Spain (CAT/C/ESP/7).
Presentation of Report
AURORA DIAZ-RATO REVUELTA, Permanent Representative of Spain to the United Nations Office at Geneva and head of delegation, said the work of the Committee guided Spain, allowing it to work to eradicate torture and other cruel and degrading treatment. Spain’s aim was to have a fruitful dialogue, a real watershed in an ongoing process. The previous recommendations had been a great help in making ongoing progress, and installing plans and policies. Spain had submitted an additional document to the report with complementary data and updated information from 2019 to date. Spain was deeply committed to the promotion and protection of human rights.
The concluding observations of 2015 had referred to the absence of harmonisation between the definition of torture in the Convention and the Criminal Code’s definition - the Code had the basic offence and the offences that had to be sanctioned by the Convention, and thus Spain’s definition was fully in line with the Convention. As for procedural claims, there were also maximum guarantees in place. Incommunicado detention was also circumscribed. The judicial system had the wherewithal to deal with complaints of ill treatment, with the resources to carry out investigations necessary to carry out the best judicial response to aid victims, which was a key part of the legal order of Spain. There were specific regimes for protection, bearing in mind the specificities of different types of victims, including victims of terrorism, trafficking, and persons with disabilities.
The Government had made it a priority to respond to all aspects. Regarding the rights of persons detained or deprived of liberty, judicial progress had led to working dynamics of an atmosphere of respect. There were mechanisms to improve judicial follow-up to deal with complaints of ill treatment, including medical follow-up, ensuring speedy investigation of such issues. There had been improvement of detainees’ rights to know why they were detained, what were their rights, and to access documents essential in determining their situation. There was regulation of the data-processing issuing from recorded videos of those deprived of their liberty and in penitentiaries. The coercive use of mechanical restraint had been reduced considerably since 2019 - proper training of prison staff had also contributed to this.
Bearing in mind the Committee’s comments on over-crowding in the temporary centres for migrants, there were specific modules for women and families, and work had been undertaken to increase capacity. On State security and armed forces, their functions, and guarantees of citizen security, Spain believed that the security forces and armed forces were among the main guarantors of human rights and there was a clear Code of Conduct which drew its ethical norms from the Council of Europe regulations. The victim-support office played a key role in providing care, support and advice to victims, ensuring they could get redress and compensation. There was a national centre for disappeared. The national office to combat hate crime provided advice on this, especially technical and strategic information to aid in the national fight to combat hate crime. There was periodic oversight of bodies such as the Ombudsman’s Office and the Prosecutor’s Office.
There was effective identification of victims of trafficking aiming to ensure proper recovery and assistance, with an operative plan to protect the rights of women and girls and those in prostitution, covering all aspects to ensure the rights of victims of trafficking and those in prostitution, including social and labour integration. There was a national mechanism for reorientation of victims of trafficking or of sexual exploitation. In terms of trafficking of underaged minors, there was a law covering violence in all areas in their regard. There were new rights for victims of gender violence where the perpetrator was under 18.
Violence against women was also subject to recommendations in 2015, and new laws included a comprehensive guarantee for sexual freedom, broadening the concept of gender violence to all areas covered by the Istanbul Convention, deeming sexual violence to include female genital mutilation, forced marriage, sexual femicide, and others.
These issues and the rest were just a starting point to the dialogue, and Spain looked forward to hearing comments aiming to improve its efforts to implement the provisions of the Convention.
Questions by Committee Experts
ANA RACU, Committee Expert and Rapporteur for the report of Spain, said concerning the definition of torture, the Committee appreciated very much the details presented in the report concerning the criminal legislation, namely the provisions of articles 174 and 175. Some considered that the definition of the crime of torture in the Spanish Criminal Code still did not fully reflect the definition contained in article 1 of the Convention. More specifically, article 174 did not seem to fully reflect all the elements of the definition of torture given in article 1 of the Convention. The definition in article 174 of the Criminal Code, which characterised crimes “against moral integrity”, did not cover acts of torture committed for the purpose of intimidating or coercing that person or a third party.
Criminal legislation established the non-applicability of the statute of limitations only in cases where acts of torture constituted crimes against humanity. Crimes against moral integrity were not considered crimes against humanity. Moreover, the crime of torture did not appear to be punished with adequate penalties that took into account its seriousness and its status as a crime under international law, insofar as it established a different graduation according to various criteria, and this required clarification.
Ms. Racu had some technical questions about the work of the Defensor del Pueblo in its capacity as the national protective mechanism, including a request for details on the current members of the mechanism’s team, in particular what was their professional expertise, did the mechanism conduct unannounced visits, and did it have access to all places of detention and to all internal documents, including medical files? Additionally, the Committee wanted an update on the number of complaints on torture and ill treatment submitted to the Defensor del Pueblo and the outcomes of the investigations into such complaints. Taking into consideration the numerous allegations on the situation of migrants, Ms. Racu was particularly interested in the situation of the detention centres for migrants and refugees, and asked how often the national protective mechanism carried out monitoring visits to migrant centres and whether its recommendations were implemented?
When it came to the time limit for deprivation of liberty by the police, Ms. Racu said she would appreciate clarification from the delegation concerning the interpretation of article 496 of the Criminal Procedure Code, which appeared to imply that police custody should not last longer than 48 hours whereas article 520 of the same code and article 17(2) of the Constitution both referred to a maximum period of 72 hours for police custody. She reiterated that the incommunicado detention regime continued to retain a potentially significant limitation of fundamental safeguards which should be offered to all detained persons; this might open the door to ill treatment and (possibly false) allegations thereof.
Regarding brutality and ill treatment by the police, the Council of Europe’s Committee for the Prevention of Torture had received a significant number of allegations of ill treatment and excessive use of force upon apprehension, including of juveniles. What steps had been taken to prevent and combat ill treatment in police activity, Ms. Racu asked.
Ms. Racu requested statistical data on violations and abuses committed by policy forces, as well as information on guidelines on the use of force and weapons. What steps had been taken to investigate cases of excessive use of force and protect those who monitored and reported on abuses and violations of rights committed in the context of peaceful assemblies?
There were reports indicating that solitary confinement was widely applied in Spain, not necessarily as a punishment but also for protection purposes or for prisoners with constant behavioural problems, and that it was used for prolonged periods of time. In this context, she asked: which categories of prisoners were subject to solitary confinement and for how long; were there any provisions in the law that foresaw appeal of the decision on solitary confinement; was it still applicable on minors and how often?
Between 70 per cent and 75 per cent of women in prison had been victims of serious gender-based violence, but no counselling or courses for victims of violence were offered, and the so-called individual treatment plan did not document, promote or reflect such needs. What steps had been taken with regard to the prevention of violence and self-harm among women in prison, and could the delegation provide statistics of such incidents for recent years, as well as information on employment and education opportunities for women prisoners, including an update on the prison regime for women and convicted mothers with children.
Ms. Racu noted that there were several programmes in the correctional system that addressed addictions. However, there were some shortcomings in accessing these programmes for women offenders, who did not have access to the therapeutic unit to deal with their addictions and there was no alternative drug addiction programme for them. Addictions were also a problem for most institutionalised juveniles. What measures had been taken by the Government in order to improve the access and quality of the health care in the correctional facilities, including specific programmes on harm reduction, HIV/AIDS as well as other infectious diseases?
Taking up issues concerning migration, asylum procedures and international protection, expulsion, and refoulement, Ms. Racu said the measures that Spain had implemented regarding the protection of migrants and refugees had resulted in a generally well-functioning refugee reception system in the country and improved management of irregular migrant arrivals to the country’s coasts, particularly to the Canary Islands. However, the Government’s limited resources for evaluating new arrivals continued to make it difficult for the authorities to distinguish between economic migrants and those seeking international protection and real victims of torture.
Despite improvements, individuals seeking to make asylum claims still faced significant obstacles. Individuals were often unable to obtain online appointments to submit initial asylum applications to the Ministry of the Interior. The United Nations High Commissioner for Refugees continued to report instances of summary returns, denying individuals the opportunity to request international protection from Ceuta, Melilla, the Chafarinas Islands, and small outposts under Spanish sovereignty. What was the situation with regard to the deaths of 23 migrants on June 24 last year, and what measures did the Government intend to take to prevent such atrocities in the future?
Concerns remained regarding the treatment of unaccompanied and accompanied child migrants. What measures were being taken to improve detention conditions in migrant centres, including those accommodating unaccompanied children? What were the Government’s actions to ensure the education of these children and other basic services and protection measures granted to them?
The report did not contain information on psychiatric and social institutions, in which the State placed vulnerable people. Some reports had been received indicating cases of overuse of restraints, and of psychotropic drugs. What measures were being taken to improve material conditions, staff training, the complaints mechanism, and reporting of possible cases of abuses and ill treatment in these institutions?
ERDOGAN ISCAN, Committee Expert and Rapporteur for the report of Spain, said the data as it stood did not seem to indicate a diminishing trend in gender-based violence in practice despite developments with regard to affirmative policies and legislation. Gender-based violence was among the gravest human rights violations. Preventing such violence must remain high on the agenda. The United Nations Special Rapporteur on violence against women and girls had expressed concern that the adoption of a new law on sexual consent had effectively reduced the length of sentences handed down to perpetrators of violence against women. This issue was pertinent to the Committee in keeping with the fundamental principle that acts of torture and ill treatment were not subject to amnesty or statute of limitations. Could the State party clarify the current situation and the steps that had been taken or may be envisaged in order to address the unintended impact of the new law.
Mr. Iscan asked the State party to clarify whether amendments to a law concerning universal jurisdiction were compliant with the requirements of the Convention; and whether extradition treaties and mutual legal assistance agreements that Spain entered into with other entities had led to the transfer of any evidence or persons relating to prosecutions concerning torture and ill treatment.
Despite the constitutional provisions, it seemed that the State party continued to experience difficulties in ensuring compliance with international obligations in the domestic legal system. The State party was invited to ensure that the national legal system was fully compliant with its obligations under the Covenant, and to inform the Committee of its position in regard to incorporating international obligations into domestic law and the status of international treaties in the hierarchy of Spanish legislation.
Regarding the applicability of the statute of limitations to the crime of torture, the prohibition of torture was a jus cogens norm of international law: it was absolute and non-derogable, even in states of emergency. Statutes of limitation and amnesty were not applicable to crimes of torture. The Committee requested the State party to provide clarification and update on the legal status regarding the inapplicability of the statute of limitations as well as the incompatibility of amnesties to the crime of torture.
Mr. Iscan asked Spain to provide information on whether training programmes were carried out to ensure that all relevant civil servants had a full understanding of the Convention; whether training programmes were designed to ensure that they were able to detect and document the physical and psychological consequences of torture in accordance with the Istanbul Protocol; and the position of the State party with respect to the Istanbul Protocol.
Regarding prison overcrowding and alternative measures to detention both before and after trial, could the delegation supply updated information on the issues related to the State party’s obligations under article 11 of the Convention, and also clarify the current policy and legislation as well as practice with regard to alternative measures to detention both before and after trial.
Spain was requested to provide statistical data, disaggregated according to sex, age, ethnic origin or nationality, on complaints of acts of torture, ill treatment and the excessive use of force by law enforcement officers.
Spain was invited to submit information on the measures taken with a view to fighting impunity, including the steps to avoid the granting of pardons to persons who had been found guilty of torture, and updated statistical data on the number of allegations, prosecutions, convictions and sentences handed down in cases of alleged torture and ill treatment, and whether all complaints of torture and ill treatment were promptly investigated in an impartial manner by an independent body. Could the State party provide data with regard to the resources and budgets allocated in order to implement the law no 4/2015 on the victims’ statute, and explain whether there were any specialised public rehabilitation programmes or support instruments provided to organizations assisting torture victims?
With reference to the allegations of the excessive use of force by law enforcement officials against demonstrators during the events that occurred in Catalonia in October 2017, the Committee requested the State party to submit updated information regarding the investigations which had been underway or had concluded since the submission of the report. The Committee requested information on the action taken to ensure that electrical discharge (electroshock) weapons, including tasers, did not form part of the equipment of law enforcement officers, and what was the legislation and practice with respect to electroshock weapons (tasers).
The Committee commended the State party for submitting comprehensive replies on the progress made with respect to counter-terrorism legislation in line with international law, including United Nations Security Council resolutions. Could the State party provide further clarification regarding its understanding and implementation of the fundamental legal safeguards, in particular access to a lawyer, including in cases of terrorism, Mr. Iscan asked.
A Committee Expert underlined that a person deprived of their liberty, no matter the cause, could not be deprived of medical care. Another Expert inquired on the matter of statistics regarding deaths in custody, which had seemingly increased by 42 per cent; what was the trend line in this regard and what was being done or could be done to remedy the situation? One Expert inquired why Spain had not acceded to the Convention on the Rights of Migrant Workers and whether it had plans to do so. There was a need for a stand-alone and comprehensive anti-trafficking law, said an Expert, noting that there was a legislative process to this end, and pointing out that labour-trafficking was under-identified in the country, as was the issue of sex-traffickers using online means to exploit victims. What was the situation with regard to the legislation on trafficking and what measures were used to prosecute crimes and guarantee the effective access to redress for victims?
Responses by the Delegation
The delegation said if a public official used a private individual to harm another person, they would be punished as the perpetrator of the crime, if they were deemed to be an accomplice. There was no example of jurisprudence in this regard, but there was a doctrinal principle. The Criminal Code had not been altered since the submission of the report. There was no change to the statute of limitations: if torture was related to crimes against humanity, then it was not bound by this statute, which was relatively broad.
Incommunicado detention was determined by a judge for the first 24 hours and had to be determined again if it was to be extended. Legal aid was guaranteed for detainees. Lawyers had to be present during police examinations. At any time, a detainee could say that their detention was unfair and this would be assessed by a judge. Medical assistance had to be provided, and there were two medical checks every 24 hours. Incommunicado detention was always subject to court supervision and procedural laws. In prisons, this isolation could happen in a way in which not all interaction was broken, and whilst the person was in isolation, they had access to basic elements. The director of the prison could identify persons who had access to the person in isolation, including the doctor, who would visit the person on a daily basis, and technical teams from the prison, psychologists and social workers could also visit the person.
On the use of force by law enforcement officials, public officials would be punished both from the legal point of view and the disciplinary point of view for excessive use of force. The national preventive mechanism had access to detainees, including information as to how and why they were detained. The police force was committed to respecting all fundamental human rights, including in demonstrations that turned violent and when they had to protect public officials or protect their lives. Demonstrations could only be disbanded when the local authorities deemed it fit, and the use of the right equipment was subject to checks by the authorities. There was a whole range of decisions at the end of which was the decision to resort to riot equipment, but there were a range of verbal warnings preceding this. There was an innovative system for complaints and suggestions that had been created to ensure that the administration was subjected to quality control.
There were guidelines and rules to ensure that the right to information was something that citizens could always avail themselves of, the delegation said. The General Council of the Judiciary provided updated training for judges, prosecutors and magistrates, including a unit on human rights, and there was ongoing training, both online and in person.
Medical treatment was provided as soon as a person arrived in prison. There was coordination and specialists could be brought on board, with a referral system following the criteria established for the general public, the delegation said. Both inside and outside prisons, citizens were entitled to psychiatric care. There was a special treatment programme for detainees with mental illness: this was a specific condition requiring specific intervention.
Often people ended up in prison because of mental illness and the prison system recognised this; there were two specialised psychiatric prisons. Currently there were around 200 doctors in the prison system, seven of which were psychiatrists working in the psychiatric prisons, and every year there was a drive to recruit 80 further doctors - however, this had not been achieved, and was a general trend across Europe. There was a lack of doctors in normal society as well. Spain had sought to share its practice with the other members of the Council of Europe to determine ways of tacking this general problem, as well as the specific prison system problem. Injuries occurring in prison facilities must be reported.
Spain had not ratified the Convention on the Rights of Migrant Workers, the delegation said, pointing out that very few countries of the European Union had done so. In Spain there had been improvement of laws on how migrants were treated and a strengthening of regular migrant pathways and how applications were managed. This was aimed to guarantee the regular protection of the rights of migrant workers.
The delegation said regulations for treaties were embodied in the Constitution. International norms prevailed over all domestic legislation except for Constitution-level norms, and were invoked when relevant.
The criminal responsibility of minors was governed by stand-alone, specific regulations. Children under 14 were not held criminally responsible. The regulations regarding criminal responsibility for children aged 14 to 16 were very different from those for adults. The best interests of the child were considered, and measures were in place to promote the reintegration of children into society. Detention was a last resort. Therapeutic internment was offered for minors with drug addictions. Alternatives to detention included warnings, social education activities, day centres, weekend house arrest and enforced stays with family members. Mechanical restraints were prohibited in juvenile detention centres.
There were four prisons for women throughout the country. Seven per cent of detainees were women, but not all detained women were in enclosed facilities; 30 per cent were in open regimes. Specific units for mothers were also established in large prisons. Units for mothers and children took into account the best interests of the child. There had been no cases of self-harm or suicides of women in prisons in the last few years. The suicide prevention programme for prisons had been gender mainstreamed in 2022. It addressed prejudice against women in prisons.
Spain had developed a new document that was issued to people who appealed against an asylum decision. This granted a nine-month stay until the appeal ended, and allowed the applicant to work. The State had increased its capacity to deal with asylum applications by 800 per cent by increasing staff and optimising appointments. Asylum seekers’ residence permits had been increased from six months to one year.
The police had carried out raids to dismantle mafia involved in trafficking against persons. A new platform was also being developed to address language barriers in the asylum application process. Spain had also amended the Aliens’ Act to include protections for victims of sexual and gender-based violence. Such persons could not be deported, and protection services were provided for them. Summary returns did not take place. Deportations occurred with full regard for the rights of the persons concerned.
Spain conveyed its sadness for the June 2022 incident that led to the deaths of migrants, and condemned the criminal gangs involved in this incident. Criminal gangs were a threat, and combatting them was part of the State party’s migration policy. The European Court of Human Rights had handed down decisions regarding the incident, finding that the State had not failed to provide effective remedies. The police had acted appropriately when the migrants jumped over the border.
Biological evidence was collected to determine whether migrants were children. The State followed the best interests of the child, and assumed that the person was a minor if there was any doubt. Unaccompanied minors were provided with protective services. For accompanied minors, the State respected family links. Minors were not interned in holding centres with their families.
Reforms to the asylum application procedure had increased the speed of processing applications. Minors were issued with discretionary identification cards when they requested one. In 2020, Spain responded to an unprecedented wave of migrants, which forced it to use ad-hoc temporary centres. Occupation levels in temporary centres were manageable and sustainable.
Spain had a humanitarian care system which housed over 11,000 persons. The care system provided migrants with housing, clothing, hygiene, sports, legal advice and social intervention services. In 2022, a total of 26,500 people reached Spain illegally, and 95 per cent of these people made use of these centres. Stays in these centres were completely voluntary. The State party had increased the capacity of these centres, and strengthened training for staff working there. The State party was currently constructing 17 new centres to increase the capacity of the system by 8,000.
The organic law on sexual freedom defined female genital mutilation and marital rape as “sexual violence”. The law included prevention measures, and established support centres for victims. The law also defined “consent” for sexual relations in explicit terms. The Supreme Court had discussed the legislation, calling for additional reforms to incorporate an “exacerbating circumstances” model, which considered for example whether violence was involved.
Spain intended to address all forms of violence against women globally from the framework of the Istanbul Convention. It had improved several norms to respond to recommendations from the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence. Amendments had been made to the Criminal Code to eradicate forced sterilisation of persons with disabilities. In 2021, a norm had been approved to protect the rights of child victims of violence. This norm suspended visits to children if there was a possibility of violence. Another decree addressed the social consequences of the war in Ukraine, providing a new victim status for victims of human trafficking.
The concept of gender-based violence within legislation had been broadened to address all forms of violence given within the Istanbul Convention. The law on sexual and reproductive health had been amended to address forced abortion and surrogacy. Comprehensive reparations were provided to victims of such violence. Further amendments to legislation had been made in 2021 to increase cooperation between regions regarding tackling gender-based violence. The State strategy to combat violence against women to 2025 had been approved. Resources for victims had been digitised, and 24-hour comprehensive help centres for victims had been established in all regions. The State provided subsidies to civil society associations to reach out to women and girls who were victims of trafficking and to raise awareness about violence against women.
Spain had formed 40 bilateral extradition agreements. The principle of reciprocity applied; both States had to recognise the extradition. There were also 31 mutual assistance agreements between States.
A new protocol established good practices for forensic professionals for detecting signs of torture. Victims of torture were able to access medical reports. Training was provided regularly for prison staff, and protocols for oversight of the prison service had been established and were revised regularly. All complaints needed to be passed to judicial authorities as quickly as possible.
The prison service promoted alternatives to detention, including treatment programmes for drug or alcohol abuse, road safety courses and community work. There were agreements with municipalities to facilitate beneficial community work and promote the reintegration of offenders into society.
The 2015 law on reparations for victims had strengthened offices providing free-of-charge, multi-dimensional support for victims. The Ministry of Justice had launched a campaign to provide the public with information on the services these centres provided for victims. Support was tailored to the needs of victims, offered in a range of languages. The centres provided support both during and after criminal procedures. Once criminal responsibility for torture was determined, victims were provided with compensation.
Spain was involved in the seventh renewal of the United Nations Global Counter-Terrorism Strategy. Spain had not yet ratified the Optional Protocol to the Council of Europe Convention on the Prevention of Terrorism, but intended to do so soon.
Terrorism crimes were taken seriously in the country. The State party promoted de-radicalisation of persons involved in terrorism. Tools were in place to detect and deter radicalisation in prisons. Spain was working with Türkiye on developing criteria for identifying radicalisation in prisons. Training guides had also been developed to train Turkish prison staff to prevent radicalisation.
A criminal prosecution law allowed for the deprivation of certain rights for persons deprived of liberty, including the right to choose a lawyer, but only when the judge decided that there was an urgent need to do so. Such persons were provided with court-appointed lawyers. Evidence obtained as a result of torture was null and void, and could not be used in courts. Confessions on their own could never lead to convictions.
A decision of June 2023 handed down by the Supreme Court provided that rulings of treaty bodies needed to be taken into account by domestic courts addressing related cases. There had been one decision where reparations had been provided on the basis of a treaty body decision. In another case, the judge had determined that reparations should not be issued. On 6 June, the second national plan for human rights was adopted. This plan created a follow-up protocol for the decisions of treaty bodies.
All deaths in prisons triggered investigations. There were over 50,000 people in State prisons, increasing the likelihood of deaths. Suicides were deemed to be violent deaths. This year, there had been one death due to violence between detainees. Deaths also occurred due to natural causes and drug overdoses. No prisoners had died due to the COVID-19 illness in 2020, but there had one such death in 2022. Programmes were in place to prevent suicides in prisons. There were fewer female suicides than male.
The Staff and Security Inspectorate had passed on figures on deaths and serious injuries taking place in police custody and detention centres. As soon as there was a death in custody, security forces informed judicial authorities, who determined the circumstances of the death. Independent bodies carried out surveys of the prison service.
Spain was fully committed to combatting trafficking in persons. A directive was being prepared on the prevention of trafficking in persons and protection of victims. The directive extended the definition of trafficking to include trafficking for sexual and labour exploitation, and punished any person who facilitated the practice. Persons who used the services of victims of trafficking were also held criminally responsible. The National Plan against Trafficking in Human Beings called for the creation of a website that provided information on support services for victims. The website was currently being established.
The comprehensive law on sexual violence addressed femicide and female victims of trafficking. This law also criminalised facilities that employed victims of human trafficking. The Ministry of Equality had developed a national plan to support victims of trafficking and 800,000 euros had been transferred to regional support centres to prevent and detect trafficking.
Migrants were particularly vulnerable regarding human trafficking. A protocol had been approved to cover the referral of migrant victims of trafficking to State-funded support, including legal aid. Protocols had been established to harmonise information on migrant victims and to identify migrants who were vulnerable to trafficking. Health screenings were conducted to facilitate early detection of victims. Training was provided to staff in migrant centres regarding identifying victims. There was an accreditation process for victims.
Follow-Up Questions by Committee Experts
ANA RACU, Committee Expert and Rapporteur for the report of Spain, thanked the
State party for its engagement in the promotion and protection of human rights. The positive obligations of the State to international treaties needed to be on the agenda for all Governments.
The Committee appreciated the delegation’s comments on women in prisons. Answers had not been provided on measures to promote employment for detained women and to support access to drug and alcohol addiction services. The Committee appreciated that there was a document addressing risks related to suicides. Were there psychologists and social workers working with vulnerable prisoners?
Ms. Racu welcomed the platform to facilitate asylum claims, and protection measures for migrant victims of sexual and gender-based violence. The Committee understood the challenges facing the State. The influx of migrants into the State posed many challenges. The protection of human rights required empathy as well as legal provisions. What did the Government intend to do to prevent migrants becoming victims of atrocities such as the June 2022 incident? The cases of two deported asylum seekers had generated nationwide debate. Could the delegation provide an update on these?
Ms. Racu called for information on the access of prisoners to medical services. What measures were in place to address the shortage of medical personnel, especially psychiatric professionals? There was also a shortage of guards to transfer prisoners to public hospitals. What measures were in place to address this?
What was the appeal procedure regarding placement in solitary confinement, and what was the average length of such confinement? There were several reports on the excessive use of solitary confinement over 14 days. Could the delegation elaborate on this issue? Was solitary confinement applied to minors? Could more information be provided on the legal provisions that regulated incommunicado detention.
Ms. Racu welcomed plans to improve holding facilities for migrants. Some reports indicated a prolonged length of stay for migrants in these centres prior to their expulsion, and health issues for pregnant women accommodated in those centres.
There were allegations of excessive body searches by law enforcement forces. What investigations had been carried out into excessive use of force by police officers in response to demonstrations in 2017?
ERDOGAN ISCAN, Committee Expert and Rapporteur for the report of Spain, thanked the delegation for its well-organised responses. The Committee welcomed the adoption of the law on democratic memory in 2022, which introduced public policies favouring the right to truth, justice and reparation for victims of dictatorship. However, acts of torture committed in the past were not addressed by the new law. The Supreme Court had in February 2021 confirmed the closure of cases of human rights violations occurring during the civil war and dictatorship. Could the delegation provide further information about the decision? Mr. Iscan said 128 bodies of victims of Franco’s Army were being exhumed and identified, and would be returned to families once this process was complete. Could more information on measures to provide redress to families be provided?
He asked for information on measures taken during the COVID-19 pandemic. Were measures implemented in prisons and psychiatric facilities in line with the Convention?
There was a lack of investigations into reports of historic court cases that had made judgements based on confessions
Another Committee Expert said the organic law 10/22 was a victory for victims of gender-based violence. There was now prohibition of prostitution in Spain. What progress had been made on a comprehensive anti-trafficking law?
Responses by the Delegation
The delegation said that 3,000 women were interned in custodial facilities. Men and women detainees both received education and training. Fifty-five per cent of women detainees were involved in education. Around 10 per cent were registered for tertiary training. Around 2,700 jobs, including manufacturing and dry-cleaning jobs, were created for detainees, of which around 900 were occupied by women. Women were not channelled into specific jobs on the basis of their gender or sex. Drug and alcohol addiction treatments were also provided equally to men and women. Some programmes had quotas for men and women, but women were not denied places.
The police worked to protect the dignity of human beings. The United Nations had recommended in 2021 to bolster human rights training for the police, and the Government was working to do this. An international debate on human rights in policing would be held this year in Spain. The State was duty-bound to enforce the Schengen border agreement. The Supreme Court had rejected the appeal against the European Union Court of Human Rights decision concerning the 2020 incident.
The two individuals discussed by Ms. Racu had requested and been denied international protection because they had seriously violated the Aliens Act. Decisions to deport for serious offences were carried out immediately.
Medical care was provided for prisoners in the same way as for all citizens. There was a shortage of doctors across the country. Around 9,000 doctors worked in open prisons. Around 36,000 detainees were provided with external medical care. The State party had developed an effective telemedicine tool to guarantee consultations for detainees. There were over 37,000 medical examinations carried out for detainees in 2022, and around 1,600 external specialist examinations had been carried out; 6,925 detainees had been provided with emergency care in hospitals.
Solitary confinement sometimes lasted only a few minutes, implemented to prevent conflict situations. Longer periods of solitary confinement needed to abide by the principle of proportionality, and were only implemented as a last resort. Confinement for over 14 days should not be permitted.
There had been an overhaul of legislation to prevent automatic suspension of rights for persons in incommunicado detention. Suspension of rights occurred only in exceptional circumstances and for limited periods of time.
The Spanish Cabinet had approved an infrastructure plan for holding centres for asylum seekers. The centres were being improved in line with the recommendations of the national preventive mechanism.
An organic law regulated body searches by law enforcement. The law called for respect for the principles of proportionality and minimum intrusion, respecting the dignity of the person involved.
The Constitutional Court had established mechanisms in 2021 to ensure access to truth, reparation and justice for victims of human rights violations occurring in the civil war and period of dictatorship. Exhumations of 128 buried individuals were being carried out. Four persons had been identified thus far. Reparations had been given to 600,000 people.
Concluding Remarks
CLAUDE HELLER, Committee Chair, said that the dialogue had been extremely constructive, and the delegation had provided extremely detailed answers. The Committee wished to ensure continued dialogue with the State party. It would issue concluding observations based on its assessment of the State party’s report and he called on the State party to follow up on them. Mr. Heller highlighted Spain’s commitment to human rights and the rule of law.
FERNANDO FERNÁNDEZ-AGUAYO MUÑOZ, Director of the Human Rights Office, General Directorate of the United Nations and Human Rights, Ministry of Foreign Affairs, European Union and Cooperation of Spain, restated the State’s commitment to the treaty bodies system. Spain looked forward to receiving the Committee’s concluding observations, which it would give deep consideration. He thanked all those who had contributed to the dialogue.
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