CAT/C/ESP/CO/6
The State party should revise the laws relating to migrant women in an irregular
situation, so as to ensure the protection of migrant women victims of gender violence
from proceedings being taken against them for irregular residence or the reopening of
a case already under way but suspended on receipt of a complaint by them of gender
violence.
Training of law enforcement and medical personnel
23.
The Committee takes note of the entry-level and in-service human rights training
programmes offered to the national police and the Civil Guard. However, it is concerned at
reports that insufficient emphasis is placed on the prohibition of torture and the legitimate
use of force in law-enforcement training programmes. It is also concerned that, according to
information received, training on the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) is not provided to all medical professionals dealing with
persons deprived of liberty. The Committee also finds it regrettable that there is no
information on the evaluation of the impact of training programmes in reducing the number
of cases of torture and ill treatment (art. 10).
The State party should continue to strengthen and expand its training programmes to
ensure that all public officials, including law enforcement officials, prison staff and
border guards are fully aware of the provisions of the Convention and the absolute
prohibition of torture. These officials should receive specific training on how to detect
signs of torture and ill treatment and on using police and riot equipment and force in
an appropriate manner and only on an exceptional and proportionate basis. The
Committee also recommends that the Istanbul Protocol be incorporated into the
training of doctors. In addition, the State party should develop and implement a
methodology to evaluate the effectiveness of such training programmes and inform
the Committee of the results.
Follow-up procedure
24.
The Committee requests the State party to provide it with information by 15 May
2016 at the latest, on the action it has taken in response to the recommendations regarding:
(a) incommunicado detention and fundamental legal safeguards; (b) temporary migrant
holding centres; (c) solitary confinement; and (d) excessive use of force by law
enforcement officials. These recommendations are set forth in paragraphs 10, 16, 17 and 18,
respectively, of this document.
Other issues
25.
The Committee invites the State party to consider ratifying other United Nations
human rights treaties to which it is not yet a party, and specifically the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families.
26.
The State party is requested to disseminate widely the report it submitted to the
Committee and the Committee’s concluding observations on that report, in appropriate
languages, through official websites, the media and non-governmental organizations.
27.
The Committee invites the State party to submit its next periodic report, which will
be its seventh, by 15 May 2019. To that end, the Committee will in due course submit to
the State party a list of issues prior to reporting, in view of the fact that the State party has
agreed to report to the Committee under the optional reporting procedure.
8
GE.15-08414