E/CN.4/2004/56/Add.2
page 4
Introduction
1.
At the invitation of the Government of Spain, the Special Rapporteur on the question of
torture undertook a mission to the country within the framework of his mandate. Over the past
few years, the Special Rapporteur had advised the Government that he continued to receive
information in relation to his mandate from Spain.1 The objective of the visit, which took place
from 5 to 10 October 2003, was to enable the Special Rapporteur to collect first-hand
information from a wide range of contacts in order to better assess the situation in Spain relating
to his mandate. This would enable the Special Rapporteur to recommend to the Government a
number of measures to be adopted in order to comply with its commitment to prevent and
suppress acts of torture and other forms of ill-treatment.
2.
In view of the planned duration of the mission (five working days) and as the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
(CPT)2 had recently visited Spain from 22 July to 1 August 2003, and in light of the envisaged
draft amendments to the Code of Criminal Procedure (CCP) which were pending at the time of
the Special Rapporteur’s visit to Spain, the Special Rapporteur did not visit places of detention
but decided to focus on legal safeguards. Furthermore, the Special Rapporteur on the human
rights of migrants undertook a mission to Spain in September 2003, just prior to the visit by the
Special Rapporteur on the question of torture to the country. In this context, the Special
Rapporteur on the question of torture decided not to duplicate efforts and, although he received
information about race-related acts of torture and ill-treatment, and in particular allegations to
that effect regarding migrants and Roma, it was not the focus of his visit. Instead, the Special
Rapporteur focused mainly on the legal and factual aspects in connection with allegations of
torture or ill-treatment relating to detainees held on terrorism charges.
3.
The Special Rapporteur is aware of the serious difficulties faced by States in modern
times in protecting their communities from terrorist violence. However, even in these
circumstances international law prohibits in absolute terms torture and inhuman or degrading
treatment or punishment. The mission to Spain to study the various safeguards for the protection
of detainees in the context of counter-terrorism measures can also be considered as an effort to
identify possible approaches for other countries grappling with similar issues, in particular how
to fight terrorism whilst respecting human rights.
4.
The issues examined by the Special Rapporteur can be summarized as follows:
(a)
Legal framework and safeguards for the protection of detainees from torture or
ill-treatment, in particular with regard to detainees held in connection with counter-terrorism
measures;
(b)
Review of the occurrence and extent of the practice of torture or ill-treatment;
(c)
Investigation and punishment of acts of torture, and the right to fair and adequate
compensation and rehabilitation for victims of torture.