CAT/C/ESP/CO/6
receive adequate redress and compensation, and the fullest possible rehabilitation.
The Committee also recalls that enforced disappearance is a continuing offence and a
continuing violation of human rights until the fate or whereabouts of the victim has
been ascertained.
Temporary migrant holding centres
16.
While welcoming the overhaul of temporary migrant centres to cater for the
dramatic increase in the number of arrivals since mid-2014, the Committee is concerned
about the continuing high level of overcrowding in the centres and the appalling condition
of the facilities, which in the Committee’s view pose a threat to the safety and physical and
psychological integrity of those housed there. The Committee appreciates the information
from the delegation to the effect that the centres have been visited by several NGOs and
international human rights bodies since 2014. Nevertheless, on at least one occasion an
international NGO has apparently been denied access, though it was suggested that it
request another visit at a later date (art. 11).
As a matter of urgency the State party should step up its efforts to reduce
overcrowding in temporary migrant holding centres and take all necessary measures
to improve the material condition of the facilities there, particularly those designed for
people with special needs such as single women and women with children. It should
also ensure the physical and psychological integrity of all individuals in those centres.
The Committee also encourages the State party to facilitate oversight activities by
NGOs in the centres.
Solitary confinement
17.
The Committee takes note of the information provided by the State party during the
dialogue, to the effect that prolonged solitary confinement requires judicial authorization
and strict monitoring by medical personnel. The State party also informed the Committee
that solitary confinement is applied only after three very serious disciplinary offences.
Nevertheless the Committee is concerned that prisoners may be placed in solitary
confinement for up to 42 days at a stretch. The Committee draws the State party’s attention
to the fact that excessive use of solitary confinement constitutes cruel, inhuman or
degrading punishment or even torture in some cases (art. 11).
In the light of the recommendations of the Special Rapporteur on the question of
torture (A/66/268, para. 88), the Committee urges the State party to place a total ban
on solitary confinement of more than 15 days. The State party should also ensure that
detention in solitary confinement is used as a measure of last resort, for the shortest
possible length of time and under strict judicial oversight and control.
Excessive use of force by law enforcement officials
18.
The Committee is concerned at reports alleging excessive use of force by law
enforcement officials, with particular reference to the protests against austerity measures in
2011 and 2012. It is also concerned at information received on abuses carried out against
immigrants by border officials in the autonomous cities of Ceuta and Melilla. In particular,
the Committee deplores the deaths of at least 14 immigrants trying to swim to the beach at
El Tarajal, Ceuta, on 6 February 2014. According to information at the Committee’s
disposal, as they were swimming Civil Guard officers fired rubber bullets and smoke
devices to try to deter them.
The State party should take effective measures to prevent and put a stop to the
disproportionate use of force by law enforcement officials, and ensure that there are
clear, binding rules governing the use of force that are fully compatible with the Basic
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