61. With regard to article 10 of the Convention, members of the Committee
wished to receive detailed information concerning the organization and content
of training programmes promoting human rights and prohibiting torture for
officials who dealt with persons subjected to detention or imprisonment. They
also asked whether such training applied to military personuel and medical
personnel, partiCUlarly doctors operating in psychiatric institutions, and
whether any guidance was given to doctors attending patients on hunger strike.
68. With reference to article 11 of the Convention, a description of the
structure of the Spanish prison system was requested. Detailed information
was sought partiCUlarly on the circumstances in which solitary confinement was
applied and on the number of persons being held in solitary confinement.
69. With regard to article 12 of the Convention, it was asked how many
criminal proceedings for torture had been instituted by the Department of
Public Prosecutions in the last five years and what the results of such
proceedings had been.
10. With reference to article 13 of the Convention, it was noted that the
Parliamentary Commissioner in Spain had commented on the discrepancy between
the number of complaints filed in respect of allegations of ill-treatment of
prisoners and the number of cases actually solved, and it was asked what the
results of the investigation into the matter had been. Members of the
Committee also wished to know whether allegations made in September 1989
relating to 46 cases of torture had led to criminal proceedings and, if so,
how many complaints had been filed and what sentences had been handed down.
In addition, clarification was sought as to whether proceedings under the
Criminal Prosecution Act could be instituted by individuals as complainants or
as private prosecutors.
11. In connection with artiCle 14 of the Convention, members of the Committee
wished to receive information About any court decisions interpreting
article 22 of the Spanish Penal Code, which extended subsidiary responsibility
to the State for acts committed by its officialS, the procedures followed, the
types of redress and compensation granted, the number of persons receiving
compensation and the amounts involved and any programmes of physical or mental
rehabilitation for victims of torture.
12. Lastly, clarification was requested of the statement in the report that,
although Spanish legislation did not contain any specific provisions with
regard to article 15 of the Convention, the gap had been filled by court
decisions.
13.
Replying to questions raised by members of the Committee, the
of Spain stated that the Convention could be invoked directly
before the Spanish courts by virtue of the fact that it had been incorporated
into Spanish internal law. The functions of the judicial police were
performed by the State Security rorces, comprising both the National Police
and the Civil Guard. Those forces carried out arrests, and were responsible
for protecting the free exercise of fundamental rights and freedoms, for
ensuring the security of citizens and for carrying out investigations.
representat~ve
-15-
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