E/CN.4/2004/56/Add.2 page 23 11 Conducted under the Socialist Administration between 1983 and 1987. 12 In April 2000, General Enrique Rodríguez Galindo, along with the former Civil Governor, Julen Elgorriaga (Spanish Socialist Workers’ Party), was sentenced to 60 years in prison for the murder of Joxean Lasa and Joxi Zabala. 13 According to non-governmental sources, in January 2001 pardons were announced for 11 National Police officers and 3 members of the Civil Guard who had been convicted of crimes of torture. They reportedly had their sentences cut by two thirds. Shortly after the publication of the pardons, in a separate development, a posthumous medal was awarded to the former head of a political intelligence police unit during the Franco era. The police chief was reportedly responsible for the torture of hundreds of Basques. He was the first targeted victim of an ETA commando in August 1968. The medal is reportedly awarded to victims of terrorism. 14 Law 35/95 relating to compensation of victims of torture reportedly only provides for financial compensation, except for victims of sexual assault. Moreover, compensation is allegedly linked to conviction of the perpetrator and in cases where the perpetrator cannot be identified even when the court has decided that a person was tortured, no compensation will be made available. 15 Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council in its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. 16 See General Assembly resolution 57/219. 17 See Digest of Jurisprudence of the United Nations and Regional Organizations on the Protection of Human Rights while Countering Terrorism (New York and Geneva, 2003), pp. 10 et seq. 18 See, in particular, E/CN.4/2002/137 and A/57/173. 19 European Court of Human Rights, Selmouni v. France, 28 July 1999, para. 101. 20 Official Records of the General Assembly, Fifty-eighth Session, Supplement No. 44 (A/58/44), para. 60. 21 See European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain from 22 to 26 July 2001, CPT/Inf(2003)22, paras. 27-33. 22 The CPT standards, CPT/Inf(2003)1, pp. 9 and 12. 23 Most recently in Commission on Human Rights resolution 2003/32, para. 14. 24 See Official Records of the General Assembly, ibid., para. 62. 25 Human Rights Committee, general comment No. 20, para. 11. -----

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