CAT/C/ESP/CO/5
The State party must ensure that this reform will not impede the exercise of its
jurisdiction over all acts of torture in accordance with articles 5 and 7 of the
Convention and in particular the principle of aut dedere aut judicare enshrined in
those articles.
6.
Training
18.
The Committee notes that Measure 103 of the Human Rights Plan provides for the
organization of initial and continuing training courses and seminars on the conduct required
of all members of the State security forces to guarantee the rights of persons who are
detained or held in police custody. The Committee also notes that courses on human rights
and the Istanbul Protocol (Manual on the Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) are to be
included in a continuing education plan as from 2010 (art. 10).
The State party should:
(a)
Continue preparing and implementing training programmes to ensure
that all civil servants, including law enforcement officials and prison officers, are fully
aware of the provisions of the Convention and its Optional Protocol, and that abuse or
violations will never be tolerated;
(b)
Ensure that all relevant staff receive specific training on how to
recognize signs of torture and ill-treatment;
(c)
Develop and apply a method for assessing the effectiveness and impact of
those training programmes in reducing the number of cases of torture and illtreatment.
7.
Detention conditions
19.
While it welcomes the Suicide Prevention Programme established under instruction
No. 14/2005 issued by the Directorate-General of Correctional Institutions, which,
according to information received, has helped to lower the number of suicides, the
Committee still considers the number of suicides and violent deaths both in police custody
and in prisons to be high (art. 11).
The State party should continue its efforts to reduce the number of suicides and
violent deaths in all places of detention. The Committee also urges the State party to
investigate promptly, thoroughly and impartially all deaths of detainees and provide,
where appropriate, adequate compensation to the families of the victims.
20.
The Committee regrets the scant information provided on measures taken to address
the serious concerns expressed by the Ombudsman in his 2009 report on conditions in the
centres for minors with behavioural or social problems. In particular, the Committee is
concerned about allegations that solitary confinement is practised in many of these centres
and that drugs are administered without adequate safeguards (arts. 11 and 12).
The State party should take the necessary steps to ensure humane and dignified
conditions in the centres for minors with behavioural or social problems. The State
party should also thoroughly investigate all allegations of abuse or ill-treatment
committed in these centres.
8.
Amnesty Act and the non-applicability of the statute of limitations
21.
While it takes note of the State party’s comment that the Convention against Torture
entered into force on 26 June 1987, whereas the Amnesty Act of 1977 refers to events that
occurred before the adoption of that Act, the Committee wishes to reiterate that, bearing in
6
GE.09-46805