79. With regar~ to article 4 of the Convention, the representative noted that
Organiaation Act No. 3/1989 defined certain fO~1 of violence that left no
trace and provided for the relevant penalties and that article 420 b!a of the
Pen~l Code covered internal or e.ternal injuriel caused by ill-treatment.
Recourse to torture was formally prohibited whether a8 punishm~At. or as meanl
of obtaining a confe8sion. The parliamentary Commissioner's repo~t mentioned
a nUM~~r of compla;nts recently lodged againlt certain officials but added
that they related to isolated and quite e.ceptional occurrences.
80. Referring to article 10 of the Convention, the representative stated that
prevention and prohibition of torture wure incorporated into all the traininq
programmea of officiala who dealt with persona subjected to detention or
imprisonment, inclUding forensic Burgeons and pri80n doctors. OD
26 November 1990, prison doctors together with police and Civil Guard
officials were to tate ~art in a training programme specially organi.ed for
them in Strasbourg.
81. In connection with article 13 of the Convention, the representative noted
that a complaint made by members of the terrorist group GRAPO, alleging
artificial or forced feeding while they had been on a hunger strite, was
currently being e.amined by the European Commission on Human Rights. Ho abuse
of authority had beten signalled when the "Araba" commando was taken into
custody on 19 September 1989.
82. With regard to article 14 of the Convention, the representative said that
the principle of State responsibility for acts committed by its officials was
reflected in several constitutional and legislative provisions. Tbe actual
amount of compensation in cases involving the responsibility of the State was
determined by the judicial authority on a case-by-case basis.
83. In connection with article 15 of the Convention, tbe representative
8tated that the decisions of the Constitutional Court referred to in the
report implied that any evidence obtained by unlawful means, i.e. means
incompatible with the rights guaranteed by the Constitution, was inadmislible.
84. Finally, the representative stated that Spain would provide more detailed
information on issues raised by the members of tbe Committee in its second
periodic report.
Concludiag Qbseryations
85. In their conCluding remarks, members of the Committee tbanked tbe
representative of Spain for his detailed r~plies. They were of the view that
Spain was endeavouring to respect its obligations UDder the Convention and
that Spanish law embodIed a number of relevant standards. In that connectIon,
they said that it would be very useful to bave at their dilposal the teatl ot
all the laws and regulations which had been mentioned in the report.
The members Qf the Committee were, none the less, concerned about certain
issues relating tQ the implementation by Spain of the CQnventiQn, auch aD the
direct application of its prQvisions in Spanish internal law. They considered
that Spanish domestic law shQuld provide a definition of torture that aatched
the terms of the Convention and, where th~ applicat~on of criminal l~w was
86.
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