CAT/C/ESP/CO/5
(b)
Take the necessary measures to ensure access to the asylum procedure
for foreign women victims of trafficking, or at risk of being trafficked, who can show
a need for international protection.
14.
Optional Protocol and the national preventive mechanism
29.
The Committee notes that Organization Act No. 1/2009 established that the
Ombudsman would act as the national mechanism for the prevention of torture, in
accordance with the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. It further notes that the same Act
provides for the creation of an Advisory Board to provide technical and legal cooperation in
the exercise of the functions of the national preventive mechanism; and that the Board
would be chaired by the deputy to whom the Ombudsman delegates the functions
established in this provision (art. 2).
The State party should ensure that the Ombudsman has sufficient human, material
and financial resources to discharge his prevention mandate throughout the country
independently and effectively. The State party should further ensure that the
Advisory Board has a clear jurisdiction and role and that the relationship between the
national preventive mechanism and the Board is clearly defined. The Committee
encourages the State party to have members of the Board selected through a process
that is public and transparent and to include on the Board recognized experts in
various areas pertaining to the prevention of torture, including representatives of civil
society.
30.
The Committee invites the State party to ratify the core United Nations human rights
treaties to which it is not yet party, namely, the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families and the Optional
Protocol to the International Covenant on Economic, Social and Cultural Rights.
31.
The Committee invites the State party to submit a core document in accordance with
the requirements for the preparation of a common core document established in the
harmonized guidelines for the submission of reports approved by the international human
rights treaties bodies (HRI/GEN/2/Rev.6).
32.
The State party is urged to ensure wide circulation of the report submitted to the
Committee and of the Committee’s concluding observations through official websites, the
media and non-governmental organizations.
33.
The Committee requests the State party to provide information, within one year, in
response to the Committee’s recommendations in paragraphs 10, 12, 20, 23 and 25 of the
present document.
34.
GE.09-46805
The State party is invited to submit its sixth periodic report by 20 November 2013.
9