CAT/C/ESP/CO/5 25. The Committee is concerned about the particularly vulnerable situation of migrant women in an irregular situation who are victims of gender-based violence, given that current legislation requires the police to investigate the status of migrant women who report acts of violence and abuse. In this respect, the Committee notes the existence of a bill to amend Organization Act No. 4/2000 of 11 January on the rights, freedoms and social integration of foreigners in Spain, which aims to encourage foreign women to report instances of gender-based violence and make it possible for foreign women who report such violence to be exempted from administrative liability in respect of their irregular situation (arts. 13 and 16). The State party should speed up the adoption of the bill to amend Organization Act No. 4/2000, in order to enable foreign women in an irregular situation who are recognized to be victims of gender-based violence to request and obtain a residence or work permit given their exceptional circumstances. 11. Racial violence 26. The Committee takes note of the State party’s efforts to combat racism and xenophobia, including the adoption of legislation on the subject and the Strategic Plan for Citizenship and Integration (2007–2010). However, the Committee is concerned about information indicating a higher frequency of acts of intolerance and incidents of racial violence against migrants and persons of different ethnic or religious backgrounds and about allegations that the authorities’ responses to these acts are not always timely or adequate (arts. 13–16). The State party should step up its efforts to thoroughly investigate all acts of racial violence and punish those responsible appropriately. Legislative, investigative and judicial responses to such heinous acts should be accompanied by an expansion of public awareness-raising campaigns. 12. Tasers 27. The Committee notes that the State security forces do not use tasers, but is concerned about information indicating that local police forces do (arts. 2 and 16). The State party should consider the possibility of putting a stop to the use of tasers by local police forces since, by reason of their effects on the physical and mental state of persons they are used on, they may infringe articles 2 and 16 of the Convention. 13. Trafficking in persons 28. The Committee welcomes the adoption of the Plan to Combat Trafficking for the Purposes of Sexual Exploitation (see paragraph 4 (f) above). However, the Committee notes that the plan focuses more on prevention of the offence than on human rights and the protection of victims. The Committee is further concerned that the Criminal Code contains no criminal offence specifically addressing human trafficking for the purposes of sexual exploitation (art. 16). The Committee urges the State party to finalize the draft Criminal Code so as to include a section specifically addressing human trafficking for the purposes of sexual and labour exploitation. The State party should further ensure that the Plan to Combat Trafficking recognizes the possibility that victims of trafficking may need international protection. In this respect, the State party should: (a) 8 Establish a national mechanism to identify all victims; GE.09-46805

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