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, -68-

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