Human Rights Council elections 2008 - Spain

Amnesty International is concerned by continuing reports of cases of torture and other ill-treatment by law enforcement officials. In many instances, law enforcement bodies and judicial authorities have failed to investigate allegations of torture and other ill-treatment in line with international standards, leading to effective impunity.

Amnesty International is deeply concerned that the reluctance of the Spanish government to face up to the problem of ill-treatment by law enforcement officials is further exacerbating the climate of impunity. Of additional concern is the use of incommunicado detention, which has been identified as increasing the risk of torture and other ill-treatment, as well as constituting a violation of the rights of detainees.

The protocol for law enforcement officers involved in forcible repatriations of foreign nationals does not adequately reflect relevant European and international human rights standards and includes items which may cause serious physical harm in the list of materials approved for use in forced expulsions.

In June 2007, a Nigerian national died of asphyxiation during an attempt to deport him. Witnesses stated that law enforcement officials had covered his mouth with adhesive tape. This practice is not prohibited in the current protocol.

The Spanish authorities have conducted numerous rescue operations to assist migrants and asylum-seekers who have come into danger while trying to reach Europe by sea. However, the rights of many have been violated in extra-territorial processing centres, where conditions of detention and rights of access to asylum procedures do not comply with international standards.

In the case of unaccompanied minors, the best interests of the child have not always been duly considered and some unaccompanied minors have been expelled without adequate guarantees for their safety. 

Two years after the introduction of legislation to address gender-based violence, women still face obstacles in obtaining protection, justice and reparation. More than 70 women were killed by their partner or former partner in 2007. Migrant women continued to suffer discrimination in law and practice in accessing justice and shelters.

Following a bomb attack on Madrid’s airport that killed two people, in June 2007 the armed Basque group Euskadi Ta Askatasuna (ETA) declared its “permanent ceasefire” officially over. Subsequently attacks have included car bombs and the fatal shooting of two Civil Guard officers in December 2007 and a former town councillor in March 2008.  

Spanish police are alleged to have been involved in interrogations of detainees at the US detention centre at Guantánamo Bay. The Interior Ministry has confirmed that Spanish police visited Guantánamo Bay in 2002 and 2004.

At least 50 CIA-operated flights travelling to or from Guantánamo Bay are reported to have stopped over in Spanish territory between 2002 and 2007. The government is alleged to have had knowledge of these flights, but failed to mention them to the Spanish Parliament or to the Council of Europe and European Parliament.

In November 2007, the Parliament passed a law concerning the victims of Francoism and the 1936-39 civil war. Despite some positive features, the law falls short of international standards on the rights to a remedy and reparations for victims.

Recent Amnesty International statements and reports:

General

Amnesty International Annual Report extracts for Spain, 2005-2007
Europe and Central Asia: Concerns in Europe & Central Asia bulletin: January - June 2007 (1 December 2007)

Torture and other ill-treatment

Spain: Adding insult to injury: The effective impunity of police officers in cases of torture and other ill-treatment (Report, 14 November 2007)

Rights of refugees and migrants

Spain and Morocco: Failure to protect the rights of migrants: Ceuta and Melilla one year on (Report, October 2006)
Spain: The Southern Border. The State turns its back on the human rights of refugees and migrants (Report, 20 June 2005)

Gender based violence

Spain: More than words. Making protection and justice a reality for women who suffer gender based violence in the home (Report, May 2005)

Ratification of International Treaties

Treaty Status Recognition of specific competences of Treaty Bodies Reservations/Declarations
International Covenant on Civil and Political Rights (ICCPR) Ratified Art. 41 (inter-state complaints)  
Optional Protocol to the ICCPR Acceded   Entered
Second Optional Protocol to the ICCPR on the death penalty Ratified    
International Covenant on Economic, Social and Cultural Rights Ratified    
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Ratified   Entered
Optional Protocol to CEDAW Ratified Arts. 8 and 9 (inquiry procedure)  
International Convention on the Elimination of All Forms of Racial Discrimination Acceded Art. 14 (individual complaints)  
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Ratified Art. 21 (inter-state complaints) Art. 22 (individual complaints)  
Optional Protocol to CAT Ratified    
Convention on the Rights of the Child (CRC) Ratified   Entered
Optional Protocol to the CRC on children in armed conflict Ratified   Entered
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Ratified    
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families      
International Convention for the Protection of All Persons from Enforced Disappearance Signed    
Rome Statute of the International Criminal Court Ratified   Entered
Convention Relating to the Status of Refugees Acceded   Entered
Protocol Relating to the Status of Refugees Acceded    
The Four Geneva Conventions Ratified    
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts Ratified    
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts Ratified    
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem Signed    

Compliance with Reporting Obligations

Total Overdue Reports Up to 5 years overdue 5-10 years overdue 10 years or more overdue
5 CEDAW: 6th periodic report
CERD: 18th, 19th, and 20th periodic reports 		CRC: 3rd periodic report  

Cooperation with the Special Procedures

Extension of a standing invitation Outstanding visit requests (year requested) Forthcoming visits (dates if available) Missions carried out between May 2007 and April 2008
All Special Procedures Independent Expert on minority issues (2006)
Special Rapporteur on migrants (2006)
Special Rapporteur on freedom of expression (2003)
Special Rapporteur on human rights and counter-terrorism (May 2008) None
Sources: