Torture in  [Spain]  [other countries]
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Torture by Police, Forced Disappearance

& Other Ill Treatment

In the early years of the 21st Century                                                                              gvnet.com/torture/Spain.htm

Kingdom of Spain

Spain's mixed capitalist economy supports a GDP that on a per capita basis is approaching that of the largest West European economies.

After considerable success since the mid-1990s in reducing unemployment to a 2007 low of 8%, Spain suffered a major spike in unemployment in the last few months of 2008, finishing the year with an unemployment rate over 13%.  [The World Factbook, U.S.C.I.A. 2009]

Description: Description: Spain

CAUTION:  The following links have been culled from the web to illuminate the situation in Spain.  Some of these links may lead to websites that present allegations that are unsubstantiated or even false.  No attempt has been made to validate their authenticity or to verify their content.

*** ARCHIVES ***

23rd General Report of the CPT - European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment - 1 August 2012 - 31 July 2013

Council of Europe, Strasbourg, 6 November 2013

www.west-info.eu/files/Council-of-Europe-23rd-General-Report-of-the-CPT-20131.pdf

[accessed 7 Nov 2013]

62. In the context of the incommunicado detention regime, 10 of the 11 persons met by the CPT’s delegation made credible and consistent allegations of ill-treatment by officers of the Guardia Civil following their arrest in early 2011.  The alleged ill-treatment consisted of kicks and blows with truncheons; in addition, the persons concerned alleged that a plastic bag had been placed over their heads inducing the sensation of asphyxiation and that, at the same time, they had been forced to perform prolonged physical exercises. The aim of the alleged ill-treatment was apparently to oblige them to sign a confession before the end of the incommunicado detention.

The state of the world's human rights

Amnesty International AI, Annual Report 2013

www.amnesty.org/en/region/spain/report-2013

[accessed 3 March 2014]

TORTURE AND OTHER ILL-TREATMENT

Demonstrations took place throughout the year in different cities including Madrid, Barcelona and Valencia. There were frequent allegations of excessive use of force and of ill-treatment by law enforcement officials while dispersing crowds during the protests. In general, investigations into complaints were not thorough or effective; some were made impossible by the lack of identification tags on the uniforms of police alleged to have been involved.

Also in March, a Madrid court issued a decision not to admit a complaint lodged in 2011 by Angela Jaramillo, as the policewoman responsible for hitting her could not be identified. Angela Jaramillo was among several people who, despite their peaceful conduct during a demonstration in Madrid on 4 August 2011, were repeatedly hit with batons by police and required medical treatment. Angela Jaramillo died in June 2012 after suffering a heart attack.   On 11 July, a freelance journalist, Paloma Aznar, was hit by a rubber bullet and injured on the hip while covering miners’ demonstrations in Madrid. She was wearing her journalist tag with her camera round her neck. She reported that police were not wearing any visible identification and were shooting rubber bullets directly at the crowd after some demonstrators became violent. Video footage showed police using batons against people lying on the pavement and firing rubber bullets at close range.   On 25 September, during a demonstration in Madrid, unidentified police beat peaceful demonstrators with batons, fired rubber bullets at them, and threatened journalists covering the events – including inside Atocha train station. An internal investigation was reportedly opened on the police operation. Its results had not been made public at the end of the year.

CRIMES UNDER INTERNATIONAL LAW

On 27 February 2012, the Supreme Court acquitted former judge Baltasar Garzón of exceeding his authority. Baltasar Garzón was prosecuted, among other things, for violating the 1977 Amnesty Law by launching an investigation in 2008 into the enforced disappearances of 114,266 people between July 1936 and December 1951.

Human Rights Reports » 2005 Country Reports on Human Rights Practices

U.S. Dept of State Bureau of Democracy, Human Rights, and Labor, March 8, 2006

www.state.gov/g/drl/rls/hrrpt/2005/61676.htm

[accessed 12 February 2013]

TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT – The law prohibits such practices; however, suspects charged with terrorism at times claimed that they were tortured and abused during detention.

The COE/CHR reported that "the NGOs I spoke to all agreed that torture and ill-treatment were not systematically practiced in Spain, although they expressed concern that complaints were not always systematically and effectively investigated." He further noted that "in spite of the persistent and violent terrorist attacks Spain has suffered since its transition to democracy 30 years ago…there has been no corresponding toughening of the legislation to curtail, restrict, or limit the rights of people detained for terrorist activities."

AI reported that in June 2004 an officer of the Catalan autonomous police was investigated for the alleged torture of a minor in a judicial inquiry in Lleida (Catalonia). Jordi Vilaseca Cantacorps was arrested in 2003 in connection with alleged acts of street violence and held incommunicado under antiterrorism legislation. He claimed he was forced to stand motionless for up to eight hours without food or water and then to kneel without moving for several hours more. Apparently exhausted and dehydrated, he collapsed and was taken to the hospital. On November 15, the newspaper El Pais reported that a judge ordered Vilaseca Cantacorps and two others to stand trial for using an explosive device to partially destroy the home of a political candidate in Tora, Spain, and for causing extensive damage to a television transmission tower in a suburb of Barcelona. There was no further mention of the outcome of the investigation nor any action taken against police for the alleged torture.

Freedom House Country Report - Political Rights: 1   Civil Liberties: 1   Status: Free

2009 Edition

www.freedomhouse.org/report/freedom-world/2009/spain

[accessed 12 February 2013]

The constitution provides for an independent judiciary. However, there have been concerns about the functioning of the judicial system, including the impact of media pressure on sensitive issues such as immigration and Basque terrorism. There have been reports of police abuse of prisoners, especially immigrants. Police can also hold suspects of certain terrorism-related crimes for up to five days with access only to a public lawyer. Prison conditions generally meet international standards.

Conclusions and recommendations of the Committee against Torture

U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment  -- Doc. CAT/C/CR/29/3 (2002)

www1.umn.edu/humanrts/cat/observations/spain2002.html

[accessed 6 March 2013]

D. Subjects of concern

8. The Committee observes with concern the dichotomy between the assertion of the State party that, isolated cases apart, torture and ill-treatment do not occur in Spain (CAT/C/55/Add.5, para. 10) and the information received from non-governmental sources which reveals continued instances of torture and ill-treatment by the State security and police forces.

9. Of particular concern are the complaints concerning the treatment of immigrants, including sexual abuse and rape, allegedly on racist or xenophobic grounds. The Committee notes that Spain has become an important gateway to Europe for immigrants, and that this has meant a significant increase in the country's foreign population. In this context the omission from the definition of torture in article 174 of the Penal Code of torture "based on discrimination of any kind," notwithstanding the fact that, under the Code, racism is deemed to be an aggravating factor in any offence, takes on particular importance.

10. The Committee continues to be deeply concerned by the fact that incommunicado detention up to a maximum of five days has been maintained for specific categories of particularly serious offences. During this period, the detainee has no access to a lawyer or to a doctor of his choice nor is he able to notify his family. Although the State party explains that incommunicado detention does not involve the complete isolation of the detainee, who has access to an officially appointed lawyer and a forensic physician, the Committee considers that the incommunicado regime, regardless of the legal safeguards for its application, facilitates the commission of acts of torture and ill-treatment.

11. The Committee also expresses its concern at the following:

(a) The substantial delays attending legal investigations into complaints of torture, which may lead to convicted persons being pardoned or not serving their sentences owing to the length of time since the offence was committed. This further delays the realization of the rights of victims to moral and material compensation;

(b) The failure of the Administration, in some cases, to initiate disciplinary proceedings when criminal proceedings are in progress, pending the outcome of the latter. Delays in judicial proceedings may be such that, once criminal proceedings have concluded, disciplinary proceedings are time-barred;

(c) Cases of ill-treatment during enforced expulsion from the country, particularly in the case of unaccompanied minors;

(d) The severe conditions of imprisonment of some of the prisoners whose names appear on the list of inmates under close observation (FIES). According to information received, prisoners under level one of the close observation regime have to remain in their cells for most of the day, and in some cases are allowed only two hours in the yard, are excluded from group, sports and work activities, and are subjected to extreme security measures. Generally speaking, it would seem that the physical conditions of imprisonment of these prisoners are at variance with prison methods aimed at their rehabilitation and could be considered prohibited treatment under article 16 of the Convention.

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Cite this webpage as: Patt, Prof. Martin, "Torture by Police, Forced Disappearance & Other Ill Treatment in the early years of the 21st Century- Spain", http://gvnet.com/torture/Spain.htm, [accessed <date>]

 

 

Torture in  [Spain]  [other countries]
Human Trafficking in  [Spain]  [other countries]
Street Children in  [Spain]  [other countries]
Child Prostitution in  [Spain]  [other countries]