E/CN.4/2004/56/Add.2
page 9
blood/urine tests if the detainee requests them. The Protocol also includes services to be
provided to the families of persons in incommunicado detention. It established a hotline which
functions 24 hours a day to provide information to close relatives of the detainee. The
information provided includes the reason for and place of arrest, the health condition of the
detainee and a list of personal articles that can be given to the detainee. The family are also
informed when incommunicado detention is completed and the person has been brought before
the judicial authorities.
II. SCOPE AND CONTEXT: ACTORS AND FACTORS
A. Terrorism and its effects
23.
As mentioned in the introduction to this report, during the mission the Special Rapporteur
focused his inquiry on the treatment of individuals held in police detention, and in particular on
the treatment and regime applicable to suspected members or collaborators of terrorist groups.
24.
In this respect, the Special Rapporteur wishes to underline that he is fully aware of the
acts of violence and terrorism confronting Spain. The crimes committed by Euskadi Ta
Askatasuna (ETA) flout the principles of international and national human rights law and the
dictates of public conscience. ETA has been criminally involved in shootings, bombings and
campaigns of intimidation, which has had an enormous impact on the daily lives of people.
Many in Spain live in constant fear: politicians, judges, lawyers, members of law enforcement
forces, academics and journalists have received death threats against themselves and their
families. According to the information received, since 1984 ETA has killed 831 individuals,
injured 2,392 and abducted 77.
25.
The Ministry of the Interior emphasized that terrorism was a grave security threat. The
Government told the Special Rapporteur that it was fighting terrorism on three main fronts:
the rule of law, international cooperation, and the stability pact for liberty and against
terrorism (Acuerdo por las libertades y contra el terrorismo), an agreement concluded
on 8 December 2000 between the People’s Party and the Spanish Socialist Workers’ Party.
26.
The Special Rapporteur recognizes that Spain has a right, and indeed an obligation, to
protect its citizens and the security of the State against such acts and threats thereof. However,
he wishes to reiterate, as he has done most recently in his report to the General Assembly
(A/57/173), that the legal and moral basis for the prohibition of torture and other cruel, inhuman
or degrading treatment or punishment is absolute and imperative and must under no
circumstances yield or be subordinate to other interests, policies or practices, including the
legitimate need to prevent terrorist acts and bring those responsible for having financed, planned,
supported or committed these acts, to justice. It follows that legislation must provide sufficient
legal safeguards to prevent, prohibit and combat torture and other forms of ill-treatment and
ensure that impunity will not prevail in cases of torture under any circumstances, and that such
normative safeguards must be duly implemented and applied.
27.
Before and during his visit to the country, the Special Rapporteur received a great deal
of information from non-governmental sources, including personal testimonies from former
detainees, to the effect that torture and cruel, inhuman and degrading treatment continues to
occur in Spain. The majority of the information received, in line with the focus of the visit, was