CAT/C/ESP/CO/6
the granting of pardons to persons found guilty of the offence of torture, which
constitutes a violation of the Convention;
(e)
Gather statistical data, disaggregated by sex, ethnicity or nationality, age
and geographical area, on complaints concerning torture, ill treatment and unlawful
use of force on the part of the police, and on the related investigations, prosecutions,
trials (specifying the offence), and criminal or disciplinary sanctions.
Reparation and rehabilitation for victims of torture
20.
While it welcomes the adoption of the law on the status of victims of crime, which
comprehensively catalogues the rights, procedural and otherwise, of all victims of crime,
the Committee is concerned at the difficulties victims face in obtaining reparation and
adequate compensation, owing to a lack of proper investigation of torture and ill treatment.
The Committee also finds it regrettable that there is no statistical data or examples of cases
in which victims have received reparation, including compensation and rehabilitation (art.
14).
The State party should step up its efforts to guarantee that victims of torture and ill
treatment obtain fair and adequate compensation, and as full rehabilitation as
possible. In addition, the State party should collect data and in its next periodic report
give information on cases and on the type of compensation and rehabilitation
provided.
Violence against women
21.
Though it appreciates the steps taken by the State party to comprehensively address
the various forms of violence against women, as established in the 2013–2016 National
Strategy for the Eradication of Violence against Women and through the comprehensive
forensic assessment units, the Committee is concerned about the persistence of violence of
this kind, because in some cases it ends in the murder of the victim, and because, according
to information received, there are often obstacles in the way of lodging complaints,
accessing the necessary protection measures and obtaining reparation for the victims (arts. 2
and 16).
The Committee urges the State party to step up its efforts to prevent, combat and
punish violence against women, to continue with its awareness-raising campaigns and
to provide training programmes for officials on this issue. The State party should also
take measures to make it easier for victims to bring complaints, inform victims about
the resources available and ensure that all allegations of violence against women are
investigated promptly, impartially and effectively and that victims have effective
access to protection and compensation. The State party should also allocate sufficient
financial resources to ensure that comprehensive support services to women victims of
gender violence operate effectively notwithstanding the economic crisis.
Undocumented migrant women
22.
The Committee welcomes the amendment to Organic Act No. 4/2000 on rights and
freedoms of foreigners in Spain and their social integration, by Organic Act No. 10/2011 of
27 July, which aims to encourage foreign women to bring complaints concerning acts
constituting gender violence. However, the Committee is concerned that undocumented
migrant women can avoid proceedings being taken against them for irregular residence
only if they can prove their status as victim in court, and that may discourage them from
filing complaints of gender violence for fear of being deported from the territory of the
State party (arts. 2, 13 and 16).
GE.15-08414
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