449. With reference to article 10 of the Convention, the representative
explained that prison officials, members of the Guardia Civil and medical
doctors were given human rights courses especially concerning the prohibition of
torture.
450. Referring to article 11 of the Convention, the representative explained
that the maximum permissible period of incommunicado detention was 72 hours for
ordinary offences. In the case of an offence attributable to organized crime
(drug traffickers and terrorists), a person could be detained for up to five
days. In such cases, the detainee’s relatives were not contacted, and the right
to a lawyer of his choice not exercised until a judge had been informed; a duty
lawyer specializing in cases of drug trafficking or terrorism was, however,
present from the outset and any doctor chosen by a detainee could produce an
entirely independent report. However, irrespective of the nature of the alleged
offence, the rights of all arrested persons were fully respected. He further
explained that two lawyers were currently on trial in Spain charged with acting
as go-betweens for a terrorist organization, and a third was facing trial on
charges of receiving ransom money. The dispersal to separate prisons of
detained members of armed gangs was a policy which international bodies such as
the European Court of Human Rights had recognized as a right that national
authorities could exercise if they saw fit. He added that no complaints had
reached the European Commission on Human Rights from any member of terrorist or
drug groups.
451. A person under arrest was immediately informed of all his rights, including
the rights to silence and to the services of a lawyer and a doctor, and no
interrogation could take place until the detainee’s lawyer was present. He had
to certify that he had been informed of his rights when taken to the police
station and, later, in the presence of his lawyer. Prisoners were given a full
medical examination by doctors on entry and a test for AIDS, if they requested
it. In each prison, the medical director had to check the physical and mental
health of prisoners in solitary confinement daily and such punishment was
suspended in the event of illness.
452. Spain’s prison regime was in keeping with the highest international
standards. One of its provisions was, for instance, that no penalty could be
imposed on a prisoner if any action was pending which involved the prison
authorities. The General Secretariat for Prison Affairs acted constantly to
eradicate all possibilities of ill-treatment of prisoners and to bring any such
cases to light. The Office of the People’s Advocate, which had hitherto
received only two complaints in that regard, had commented favourably on the
speed and efficacy of its work.
453. With regard to articles 12 and 13 of the Convention, the representative
stated that article 24 of the Constitution prohibited unjustified delays in
bringing to trial officials charged with torture and ill-treatment.
Compensation for abnormal delays in the administration of justice was a right
established under article 121 of the Constitution and under article 292 of the
relevant Organization Act. There had, however, not been a single complaint
about delay in the administration of justice relating to allegations of torture.
454. Concerning article 15 of the Convention, the representative explained that
courts attached no value to statements obtained under torture and other evidence
was required for a conviction.
Conclusions and recommendations
455. The Committee thanked the Government of Spain for its report and the
replies offered by its delegation.
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