CAT/C/ESP/CO/5
human rights, particularly the right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment, and in particular:
(a)
The adoption of the Historical Memory Act (Act No. 52/2007) on 26
December, which acknowledges and broadens rights, and establishes measures, for those
who suffered persecution or violence during the Civil War and the period of dictatorship,
including the right to obtain a declaration of redress;
(b)
The amendment of article 154 of the Civil Code, explicitly resolving any
uncertainties or loopholes that may provide an excuse for using any form of violence or
physical punishment against children;
(c)
The joint instruction in December 2005, issued by the General Secretary of
State and the Police Commissioner-General, together with an information booklet on
asylum procedures to be distributed to all persons who arrive in Spain in an irregular
manner by sea and are detained in the migrant detention centres in the Canary Islands and
Andalucía;
(d)
Supreme Court ruling 829/2006, which acquitted Mr. Hamed Abderrahaman
Ahmed of the offence of terrorism, on the grounds that the charges relied on interrogations
conducted while Mr. Ahmed was detained in Guantanamo, which constituted a “limbo
within the legal community as defined by numerous treaties and conventions signed by the
international community”;
(e)
The adoption of the Human Rights Plan by decision of the Council of
Ministers of 12 December 2008;
(f)
The adoption of the Plan to Combat Trafficking for the Purposes of Sexual
Exploitation, on 12 December 2008, and its follow-up by means of the establishment and
development of the Spanish Forum against Trafficking;
(g)
The fact that the death penalty has been completely banned since 1995 (the
year in which the death penalty in wartime was abolished) and that, in addition, the State
party participates actively in international forums to promote a global moratorium on the
application of capital punishment.
5.
The Committee notes with satisfaction that the State party has issued invitations to
various special procedures mechanisms, including the recent invitation to the Special
Rapporteur on the promotion and protection of human rights and fundamental freedoms
while countering terrorism.
6.
The Committee appreciates the fact that Spain has not created a parallel justice
system to combat terrorism, and notes that the State party has repeatedly acknowledged that
the prohibition of torture is absolute and that exceptional circumstances can never be
invoked in order to justify torture.
C.
1.
Principal subjects of concern and recommendations
Definition and offence of torture
7.
The Committee notes with satisfaction the amendment of article 174 of the Criminal
Code by Organization Act No. 15/2003, which adds the following text to the definition of
torture: “… or for any reason based on discrimination of any kind”, which complies with a
former recommendation by the Committee. However, notwithstanding the explanation
provided by the delegation of the State party, the Committee considers that two important
additional elements should be explicitly added to the definition in article 174 of the
Criminal Code, to bring this fully into line with article 1 of the Convention: that the act of
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