427. The Committee recommended that arrested or detained persons should have
more extensive guarantees immediately following their arrest and that their
family, lawyer or doctor should have prompt and regular access to them. In
order to guarantee the protection of detainees during interrogation, separation
between the authorities responsible for detention, on the one hand, and
investigation, on the other, should be provided for. The conduct of
interrogations should be monitored in the framework of administrative and other
forms of detention. In that regard, legislation could be considered that would
enable detainees to lodge complaints and allow plaintiffs and witnesses to be
protected against any ensuing ill-treatment or intimidation.
428. The Committee also recommended that criminal proceedings be systematically
initiated against persons accused of acts of torture. Those procedures should
be conducted independently of any disciplinary measures taken by the security
forces. Procedures should be introduced to guarantee the medical examination of
persons detained or arrested, to be carried out by qualified and independent
medical doctors, immediately following arrest and at regular intervals
thereafter, in particular before release. Training for law enforcement
personnel, members of the armed forces and medical doctors should be accentuated
and extended and should concern, in particular, limitations on the use of
instruments, equipment and weapons by the security forces.
429. Finally, the Committee expressed the hope that, despite the difficulties
and obstacles which might be encountered by the Government of China, the
political will and the various legislative measures taken or envisaged would
lead to significant progress in promoting in-depth research into the
circumstances in which torture was practised and into the necessary ways and
means of ending or at least reducing the incidence of torture.
Spain
430. The Committee considered the second periodic report of Spain
(CATC/C/17/Add.10) at its 145th and 146th meetings, on 23 April 1993 (see
CATC/C/SR.145 and 146 and Add.4).
431. The report was supplemented orally by the representative of the State
party, who explained that, further to the recent dissolution of Parliament, the
Bill concerning a new Penal Code, mentioned in the report, was to be taken up by
the new Government, pursuant to article 115 of the Constitution.
432. Members of the Committee regretted that the report generally contained less
information on the various articles of the Convention and their actual
application than had the initial report.
433. As to the constitutional and legal framework for implementation of the
Convention, members of the Committee wanted further information on the status of
the Convention in the Spanish legal system; and on the links between the police,
the Public Prosecutor’s Office and the judiciary, particularly in cases
concerning security. They asked whether cases within the scope of the
Convention had been submitted to the European Commission on Human Rights;
whether it was intended to publish the report of the European Committee for the
Prevention of Torture on its visit to Spain in April 1991; and whether Spain
considered contributing once again to the United Nations Voluntary Fund for
Victims of Torture, as it had from 1987 to 1989.
434. With regard to article 1, read together with article 4 of the Convention,
members of the Committee took the view that articles 204 bis and 551 of the
Spanish Penal Code were more restricted in scope than was the definition
contained in article 1 of the Convention, for it did not include, for example,
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