E/CN.4/2004/56/Add.2
page 22
72.
Given that, owing to time constraints the Special Rapporteur on the question of
torture was unable to include comprehensively in his inquiries and findings alleged and
reported practices of race-related ill-treatment of foreigners and Roma, the Government
may wish to consider inviting the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance to visit the country.
73.
The Government is further invited to ratify, at an early date, the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, which not only provides for the establishment of an independent international
mechanism, but also for independent national mechanisms for the prevention of torture at
the domestic level. The Special Rapporteur deems such independent national control and
inspection mechanisms to be an important additional tool and safeguard to prevent and
suppress torture and ill-treatment with potentially beneficial effects for persons deprived of
their liberty in all countries, including Spain.
Notes
1
See E/CN.4/2003/68/Add.1, paras. 1260 to 1485 and E/CN.4/2002/76/Add.1, paras. 1325
to 1510.
2
A regional mechanism for monitoring the European Convention for the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment (art. 7).
3
Organic Law 10/1995 of the Penal Code.
4
Draft Organic Law 621/000145 amending Organic Law 10/1995 of 23 November 1995 of the
Penal Code.
5
See article 17 of the Constitution.
6
Introduced by Organic Law 6/1984 regulating the procedure of habeas corpus.
7
This law was in its draft form before the Spanish Senate at the time of the visit of the Special
Rapporteur.
8
In article 282 bis. Amended by Organic Law 5/1999, organized crime is defined as the
association of three or more individuals with a view to conducting the following offences in a
permanent or reiterative way: abduction; offences related to prostitution; offences against the
patrimony or the socio-economic order; offences against labour rights; offences against public
health; forgery; arms trafficking; terrorism, and offences against historical patrimony.
9
Protocolo para la coordinación de la asistencia a personas detenidas en régimen de
incomunicación.
10
According to article 65 of the Organic Law 6/1985 on Judicial Power, it is the Penal Chamber
of the Audiencia Nacional that has competence, inter alia, for offences against the Crown, the
high institutions of the State and the form of government; falsification and fraud; and drug
trafficking.
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