(h) Fully examine and report on the reasons for the overrepresentation of persons of Russian nationality and stateless
persons in the population of convicted prisoners;
(i) Consider ratifying the 1961 Convention on the Reduction of Statelessness;
(j) Create a mechanism for the collection and analysis of data on matters relating to the Convention in detention and
psychiatric facilities;
(k) Consider making the declarations under articles 21 and 22 of the Convention.
51. The Committee recommends that the State party, in its next periodic report, which will be considered as the fourth
periodic report and should be submitted by 19 November 2004:
(a) Provide detailed information concerning, in particular: (i) the precise mandate and the results of the activities
undertaken by the Legal Chancellor and the members of the Health Protection Office when visiting detention centres;
(ii) the results of the activities of the Legal Chancellor in dealing with complaints of ill-treatment or torture by State
officials;
(b) Explain how, in practice, the impartiality and objectivity of investigations of complaints of ill-treatment made by
persons detained in police custody are ensured at all times;
(c) Provide statistical data disaggregated, inter alia, by gender, age, nationality and citizenship, on complaints of torture
and ill-treatment by State officials, on the prosecutions initiated in response, and on the penal and disciplinary sentences
pronounced.
52. The Committee further recommends that the State party widely disseminate in the country any reports submitted by
Estonia to the Committee, the conclusions and recommendations of the Committee, as well as the summary records of
the review, in appropriate languages, including Estonian and Russian, through official web sites, the media and nongovernmental organizations.
SPAIN
53.The Committee considered the fourth periodic report of Spain (CAT/C/55/Add.5) at its 530th, 533rd and 540th meetings, held
on 12, 13 and 19 November 2002 (CAT/C/SR.530, 533 and 540), and adopted the following conclusions and recommendations.
A. Introduction
54.The Committee welcomes the fourth periodic report of Spain, which was submitted by the State party by the scheduled deadline.
Although the report contains abundant information on legislative developments, the Committee observes that it provides little
information on the implementation in practice of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment during the period since the submission of the previous report.
55.The Committee appreciates Spain’s sending a large and highly qualified delegation for the consideration of the report, thus
demonstrating the State party’s concern to continue the frank and constructive dialogue which Spain has been holding with the
Committee. The Committee welcomes with satisfaction the additional information provided by the State party in the form of a
supplementary report and its exhaustive oral replies to the questions of members, on which occasion it also furnished pertinent
statistics.
B. Positive aspects
56.The Committee welcomes with satisfaction the fact that under article 96 of the Spanish Constitution the Convention forms part of
the domestic legal order and may be invoked directly before the courts.
57.The Committee reiterates, as stated in its previous conclusions and recommendations (A/53/44, paras. 119-136), that the Penal
Code in force since 1996 conforms, generally speaking, to article 1 of the Convention. It welcomes with satisfaction the fact that
article 57, as amended by Organization Act No. 14/1999 of 9 June, allows judges and courts in torture cases to add ancillary
injunctions for the subsequent protection of the victim to the main sentence.
58.The Committee also notes with satisfaction:
(a)The ratification in October 2000 of the Rome Statute of the International Criminal Court;
(b)The adoption of measures to protect the rights of detainees, such as the preparation of the Standards Handbook for Judicial
Police Proceedings and its distribution to members of the State security and police forces and to judges and prosecutors. The
Handbook lays down rules governing acts by officials, particularly in cases which entail specific restrictions on rights and freedoms;
(c)The efforts made to provide training programmes for officials of the State security and police forces;
(d)The new Instruction from the Secretary of State for Immigration on the treatment of foreign stowaways, replacing the Instruction of
17 November 1998 on the same subject. This establishes a series of safeguards concerning the right to official legal representation in
administrative or judicial proceedings which may lead to the acceptance of possible asylum applications, refusal of entry or expulsion
from Spanish territory;