the Constitutional
Court relied
and those of the Autonomous Communities,
However,
in recent year6
exclusively
on the prOViSiOn
of the COnStitUtiOn.
the discrepancies
between state
and autonomous community legislation
had been
gradually
removed.
149. With regard to the administration
of justice,
the representative
noted
that between 1992 and 1987 the personnel
budget had more than doubled and the
amount spent on goods and services had almost quadrupledz between 1902 and
1990 the number of judges had risen from 2,036 to 3,032.
Efforts
were being
made to speed up the process without sacrificing
the judiciary's
high
Experienced lawyers could now be appointed directly
to the
standards.
judiciary.
The legal system had been completely remodelled and the backlog of
cases was being gradually
reduced.
‘.
150. With regard to that isSUe , members of the Committee asked whether there
was any maximum time-limit
for the detention of person6 suspected of
Noting that the suspension of certain
participating
in terrorist
offences.
individual
rights was dealt with in the Spanish Constitution
in connection
with states of emergency, members wished to know whether paragraph 1 of
article
55 of the Constitution
was the only provision
applicable
to article
4
of the Covena&.
151. Concerning terrorism,
members wished to know what were the respective
powers of the Ministry
of the Interior
and the Peoples’ Advocate in tkst
respect; what difficulties
were encountered with terrorism
associated with
some form of separatism8 whether all persons arrested or detained had the
opportunity
to obtain the assistance of a lawyer of their own choice! whether
decisions to suspend individual
rights were adopted by the Cortes4eneralen
or
the @J&&I of the Autonomous Communitiesr whether that type of legislation
wa6
subject to a time-limit
and review by the legislative
authorities1
whether the
lists of derogations applicable to suspected terrorists
was exhaustive;
what
was the maximum length of time that a suspected terrorist
could be held
incommunicado and how the inconxnunicado procedure worked in practice;
and why
it had been considered necessary to make provision
for extension of the
custody period.
152. In reply, the representative
said that in the Organisation
Act 4/1986
the
Period of detention of person6 ouspected of terrorist6
acts was 72 hOUr6,
which could be extended by a further
48 hours if a judge so decided,
The same
chapter of the Constitution
allowed for a general suspension of rights in a
state of alert,
exception or siege end the suspension of individual
rights in
other specified cases, Only the CDrtesGenerales
could adopt an organisation
act proclaiming a state of alert,
exception or siege, and the duration of such
state was always limited.
Unjustified
or abusive use of the power6 recognised
in such an organieation
act carried criminal penalties.
No provision
authorixed the suspension of any of the rights recognised in articles
6-6,
11,
15 or 16 of the Constitution.
The right6 which could be suspended in order to
facilitate
inveStigatiQn6
in the fight against terrorism were those set out in
article
17 (2) and articles
18 (2) and (3) of the Constitution.
Detention of
suspected terrorists
could take place only on the ba6iS oE a substantiated
Incommunicado detention could be ordered only
order issued by the judiciary.
by a judge; the detainee had at all times the assistance of a lawyer, who in
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