Constitution and the Penal station was 12 hours. Coder the maximum length of custody at a police 161, Replying to other questions, the representative emphasized that Spain had made considerable effort to modernize the prison regime. The Government had approved an Orgaaization Act on 21 July 1989 which prescribed penalties apeaifically for torture. Cases of ill-treatment did occur but it was not a systematio practice, and suoh cases were dealt with a8 quickly as possible. Confession6 did not constitute proof capable of securing the conviction of the accused, Evidence obtained through violation6 of the accused’s rights was entirely inadmissible aud was considered not to exist for the purposes of the case. A judge from the Office of the Government Attorney visited prisons frequently, as did a visiting magistrate who received any complaints about prison conditions. There was no forced labour in Spanish prisons. Detainees in incommunicado detention had the right to be examined by a doctor of their choice. A mentally ill person could not be detained against his will except by order of a court and on the recommendation of two physicians appointed by a judge . The same rules applied to a mentally ill person who was serving a prison sentence. Human rights training courses were provided in police acedernie-, and refresher course6 were offered under the auspices of the Council of Europe. 162. With regard to that i6sue , member6 of the Committee wished to know how the new arrangements set out in Organization Act No. 4/1988 were being implemented2 whether the maximum period of pre-trial detention for serious offences of two years could be considered as a reasonable period; whether serious offences included acts of terrorism* , why the length of detention depended on the seriousness of the offence; whether detainees, including suspected terrorists, werz entitled to request the presence of a lawyer of their own choice after arrest9 whether the rules for persons suspected of. terrorist offences were the same a6 those for persons suspected of other offences: and how the remedy of br-,w was applied in cases of terrorists. 163, In reply, the representative said that Organization Act No. 4/1988 had been amended, subsequent to a Constitutional Court ruling, to provide for a maximum period of five days of detention without charge of suspected terrorists. Since the adoption of that Act, there had been no allegations of torture or ill-treatment of detainees. Suspected terrorists were frequently brought before a judge immediately after arrest, and in such cases the accused was assiuted by a lawyer appointed m, in order to avoid certain types of communication during the initial period of detention, The lawyer so appointed advised the accused from the time of arrest up to a period of up to five days, at which time the detainee was entitled to choose his own counsel and to exercise all of his rights. T!!ere were no special provisions regarding pre-trial detention of terrorist 6USpeCtS. In ordinary criminal proceedings an arrested person was entitled to a lawyer of his own choice. Depending on the nature of the offence and the complexity of the investigation, the accused Wa6 generally freed on bail pending the outcome of a protracted investigation. The remedy of scorgus was frequently used, particularly in case6 involving acts of terrorism. -4o-

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