E/CN.4/2004/56/Add.2
page 15
47.
According to information furnished by the authorities following the visit in its
communication dated 17 November 2003:
(a)
From 1998 to 2002, disciplinary action had been initiated against 26 members of
the National Police but none of them in connection with torture (action could have been taken for
other forms of ill-treatment);
(b)
From 1999 to 2003, disciplinary action had been initiated against 13 members of
the Civil Guard for abuse of power or inhuman, degrading or discriminatory treatment (which
constitutes a very serious offence); one disciplinary action was taken in 1999 for discrimination
(which constitutes a serious offence). No information has been provided regarding disciplinary
action for cases of torture. None of the disciplinary actions taken against members of the Civil
Guard has involved deprivation of liberty;
(c)
From 1999 to 2003, 178 complaints of torture, ill-treatment or offences against
moral integrity had been filed against Civil Guards: 9 officers have been sentenced
while 118 have been acquitted or their cases filed or discontinued. Decisions are still pending
in 51 cases. Of the 178 complaints, 38 related to anti-terrorism operations and no Civil Guard
involved in a counter-terrorist operation was sentenced during this period.
48.
According to a communication dated 23 October 2003, updated by a communication
dated 25 November 2003, from 1997 to 2003, the Supreme Court had handed down
35 convictions relating to torture: 13 acquittals and 22 convictions (7 of them related to
torture of suspected terrorists). Of the 22 convictions, 6 were for injuries (lesiones) and 16 for
torture (8 against members of the National Police, 4 against Civil Guards, 1 against local
police, 1 against prison authorities, 1 against others).
49.
According to information on pardons furnished by the authorities in a communication
dated 3 December 2003:
(a)
No pardon (indulto) was granted in 2001, 2002 or 2003;
(b)
Eleven partial pardons were granted in 2000 for law enforcement officials
sentenced to less than three months’ imprisonment;
(c)
Three partial pardons were granted in 1999. The sentence of imprisonment was
maintained but the “inhabilitación” (disqualification from work) was commuted to suspension
from employment;
(d)
Six partial pardons were granted in 1998. The sentence of imprisonment was
maintained but the “inhabilitación” (disqualification from work) was commuted to suspension
from employment.
50.
According to non-governmental sources, an examination of definitive court sentences
brought against alleged perpetrators of torture and ill-treatment indicates that a majority of the
victims of torture or ill-treatment whose complaints have been validated by the courts have had
to wait more than 7 years from the moment of the incident before receiving a compensation
award, and some have had to wait for between 15 and 19 years. There is reportedly no effective
legislation in Spain guaranteeing fair and adequate compensation to torture victims in line with
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