E/CN.4/2004/56/Add.2
page 23
11
Conducted under the Socialist Administration between 1983 and 1987.
12
In April 2000, General Enrique Rodríguez Galindo, along with the former Civil Governor,
Julen Elgorriaga (Spanish Socialist Workers’ Party), was sentenced to 60 years in prison for the
murder of Joxean Lasa and Joxi Zabala.
13
According to non-governmental sources, in January 2001 pardons were announced
for 11 National Police officers and 3 members of the Civil Guard who had been convicted of
crimes of torture. They reportedly had their sentences cut by two thirds. Shortly after the
publication of the pardons, in a separate development, a posthumous medal was awarded to the
former head of a political intelligence police unit during the Franco era. The police chief was
reportedly responsible for the torture of hundreds of Basques. He was the first targeted victim of
an ETA commando in August 1968. The medal is reportedly awarded to victims of terrorism.
14
Law 35/95 relating to compensation of victims of torture reportedly only provides for
financial compensation, except for victims of sexual assault. Moreover, compensation is
allegedly linked to conviction of the perpetrator and in cases where the perpetrator cannot be
identified even when the court has decided that a person was tortured, no compensation will be
made available.
15
Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment
of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council in its
resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.
16
See General Assembly resolution 57/219.
17
See Digest of Jurisprudence of the United Nations and Regional Organizations on the
Protection of Human Rights while Countering Terrorism (New York and Geneva, 2003),
pp. 10 et seq.
18
See, in particular, E/CN.4/2002/137 and A/57/173.
19
European Court of Human Rights, Selmouni v. France, 28 July 1999, para. 101.
20
Official Records of the General Assembly, Fifty-eighth Session, Supplement No. 44 (A/58/44),
para. 60.
21
See European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT), Report to the Spanish Government on the visit to Spain
from 22 to 26 July 2001, CPT/Inf(2003)22, paras. 27-33.
22
The CPT standards, CPT/Inf(2003)1, pp. 9 and 12.
23
Most recently in Commission on Human Rights resolution 2003/32, para. 14.
24
See Official Records of the General Assembly, ibid., para. 62.
25
Human Rights Committee, general comment No. 20, para. 11.
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