CAT/C/ESP/CO/6
(b)
Royal Decree No. 162/2014 of 14 March on the operation and internal
regulations of migrant detention centres.
6.
The Committee also commends the State party’s efforts to adjust its policies
and procedures in order to afford greater protection for human rights and to apply the
Convention, in particular:
(a)
The adoption of the 2013–2016 National Strategy for the Elimination of
Violence against Women;
(b)
The adoption of Directorate General of Police Circular No. 2/2012 of 16 May
as part of the general strategy to combat racism;
(c)
The adoption of the Comprehensive Strategy against Racism, Racial
Discrimination, Xenophobia and related Intolerance in November 2011;
(d)
The adoption of the Framework Protocol for the Protection of Victims of
Trafficking in October 2011;
(e)
The adoption of the basic operating protocol for centres or homes for minors
diagnosed with behavioural disorders, in 2010;
(f)
The development of the National Human Rights Plan computer application,
which began operating in 2010 and collects the latest data on police action that might
constitute abuse of authority or violations of the rights of persons in police custody.
7.
The Committee also takes note of the information provided by the State party
regarding the possibility of direct application of the provisions of the Convention and cases
in which those provisions have already been directly invoked in the domestic courts of the
State party.
Principal matters of concern and recommendations
Definition and criminalization of torture
8.
Though it takes note of the explanations provided by the delegation, the Committee
is concerned that the Criminal Code still does not fully reflect the definition contained in
article 1 of the Convention and that no changes have been made to the penalties for torture,
which under article 174 of the Criminal Code is punishable by 2 to 6 years’ imprisonment
for a serious offence and 1 to 3 years otherwise (arts. 1 and 4).
The Committee reiterates its previous recommendations (CAT/C/ESP/CO/5, paras. 7
and 8) and urges the State party to consider harmonizing the content of article 174 of
the Criminal Code with article 1 of the Convention. The State party should also
ensure that crimes of torture are subject to appropriate penalties that take into
account its grave nature, as provided in article 4, paragraph 2, of the Convention.
Non-applicability of statute of limitations to torture
9.
The Committee is concerned that the statute of limitations continues to apply to the
crime of torture under article 174 of the Criminal Code, although it appreciates the fact that
it does not apply in cases where torture constitutes a crime against humanity (arts. 1, 4 and
12).
The Committee reiterates its previous recommendation (CAT/C/ESP/CO/5, para. 22)
and urges the State party to ensure that acts of torture are not subject to any statute
of limitations.
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