E/CN.4/2004/56/Add.2
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obligations under international law, including the means for as full rehabilitation as possible, in
line with obligations under article 14 of the Convention against Torture.14 Standards used by the
courts to calculate the amount of compensation are those set under the Insurance Law, which are
applicable to injuries sustained in accidents (delitos no dolosos) and do not relate to injuries
inflicted deliberately and with intent. Thus, they fail to take into account - or underestimate - the
psychological effect of injury to the victim’s moral integrity. It is of concern that the inadequacy
of legislation and regulation in this area means that torture victims are not provided with the
means for the fullest possible rehabilitation.
III. OTHER ISSUES
A. Dispersal of prisoners
51.
According to information received, the dispersal of prisoners convicted of links with
terrorism began in 1989. It apparently has no grounding in law and is applied arbitrarily.
Prisoners are kept far away from their families and lawyers, which can also cause problems in
preparing their defence. Non-governmental sources said that dispersal is an added punishment
and targets prisoners from the Basque Country. Relatives are said to face many obstacles in
regard to visits owing to the distance. ETA prisoners are kept in Madrid during pre-trial
detention and are then sent to prisons around the country. The authorities explained that this
policy was applied so as to separate ETA terrorists from those prisoners who were to be
reinserted into society. The Special Rapporteur recalls that principle 20 of the Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,
adopted by General Assembly resolution 43/173 of 9 December 1988, states that “if a detained
or imprisoned person so requests, he shall if possible be kept in a place of detention or
imprisonment reasonably near his usual place of residence”. Furthermore the Standard
Minimum Rules for the Treatment of Prisoners15 requires in rules 79 and 80 that special attention
shall be paid to the maintenance and improvement of social relations between a prisoner and his
family as are desirable in the best interests of both, and that from the beginning of a prisoner’s
sentence consideration shall be given to his future after release, and he shall be encouraged and
assisted to maintain or establish social relations with persons or agencies outside the institution
as may promote the best interests of his family and his own social rehabilitation.
B. Race-related torture
52.
According to information received from non-governmental sources, race-related torture
and ill-treatment, including rape and sexual assault, are said to be frequent in Spain. Complaints
of torture and ill-treatment by persons of non-Western European origin or by members of ethnic
minorities such as Roma have been received. It is reported that racial profiling is common and
the discriminatory use of identity checks has led to a situation in which persons of foreign origin
or Roma have been abused and physically ill-treated by public officials. These individuals may
then face difficulties in bringing a complaint, or seeing it through the judicial procedure. Other
factors that contribute to the situation are fear of bringing complaints about law enforcement
officers, particularly on the part of those who are awaiting work or residence permits, because of
anxiety that they may be expelled from the country if they take any action; and the very real fear
of bringing complaints because of the common practice whereby law enforcement officers lodge
counter-complaints, or threaten other reprisals. Non-governmental sources reported that there
are many cases of police ill-treatment against the Roma population; however, owing to historical
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