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the Convention, as well as official tolerance on the part of the authorities. The practice of torture
and ill-treatment has been corroborated in numerous reports on Spain by international bodies
over many years, and persists to the present day. In its conclusions relating to the supplementary
report of Spain, the Committee against Torture expressed its concern at “the increase in the
number of complaints of torture and ill-treatment, at delays in the processing of such complaints
and at the impunity of a number of perpetrators of torture”. As the European Committee for the
Prevention of Torture emphasized, “it would be premature to conclude that the phenomenon of
torture and severe ill-treatment had been eradicated” in Spain.
3.5.13 The risks of torture and ill-treatment are also corroborated by many recent reports from
international bodies concerning Spain:
•
The views and recommendations of the Human Rights Committee during its
consideration of reports submitted by Spain under article 40 of the International
Covenant on Civil and Political Rights;
•
The reports of the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) concerning visits to Spain, issued
on 4 March 1996 and 12 April 2000. In its reports, CPT notes that torture and other
very severe forms of ill-treatment are still practised, particularly by the members of
the Civil Guard against Basque nationals suspected of belonging to or collaborating
with ETA. In the report prepared between 22 November and 4 December 1998, CPT
notes that “those allegations involved blows to various parts of the body and, in some
cases, more serious forms of physical ill-treatment, including sexual assault of female
detainees by male police officers, and asphyxiation by placing a plastic bag over the
head”. In certain cases, the reports include medical certificates consistent with the
victims’ allegations;
•
The reports of Mr. Kooijmans and Mr. Rodley, United Nations Special Rapporteurs
on the question of torture;
•
The views of the Committee against Torture during its consideration of periodic
reports submitted by Spain under article 19 of the Convention. Moreover,
on 9 November 1999, the Committee against Torture communicated its views
concerning communication No. 118/1998 submitted by the complainant,
Josu Arkauz Arana, under article 22 of the United Nations Convention against
Torture, against France.
•
Reports prepared by Amnesty International, the Association for the Prevention of
Torture, the World Organization against Torture, and International Prison Watch.
Moreover, it should be pointed out that, in 1990, the Government of Spain broke its
agreement with the International Committee of the Red Cross (ICRC), which
permitted ICRC to visit political detainees in Spain, particularly many Basque
prisoners. In spite of the many requests made to the Spanish authorities, those
authorities have not yet re-established the agreement.