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.

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