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.
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