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 -37-

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