On the International Day in Support of Victims of Torture, a group of civil society organizations presented a report to the United Nations Committee Against Torture, compiling various violations committed by the State as a signatory country of the Convention.
On July 20 and 21, at the UN headquarters in Geneva, Spain will present its seventh periodic report on the implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in the country to the Committee against Torture. For this reason, a network of civil society organizations has submitted a document to the Committee, known as “Shadow Report”The report details the main violations committed by the State in relation to its failure to comply with its international human rights obligations. The organizations hope that the body will take into account the recommendations and concerns compiled in this report when it reviews the country.
The document, over 80 pages long, identifies violations related to migration, detention centers, police repression, historical memory, and the investigation and documentation of torture. All of these violate the Convention's mandate of absolute prohibition of torture. Among their observations regarding police actions, the organizations denounce the use of highly damaging riot control equipment y potentially lethal, such as rubber bullets at demonstrations and at the border; the deficiencies in the police identification in their actions in public spaces; the lack of transparency regarding the protocols for action of each force; or the lack of an independent oversight mechanism to properly investigate and monitor allegations of abuse, including those related to police racism. In this regard, international organizations and social entities have repeatedly denounced the practice of raids based on ethnic and racial profiling by the Security Forces and Corps, something that the Spanish State has ignored.
Furthermore, the organizations state that Spain is violating the principles of the Convention by allowing the hot returns in Ceuta and Melilla, arguing that International Law not only prohibits the collective and summary expulsions, but also the transfer of a person to a jurisdiction where they may be at risk of human rights violations. In this regard, the organizations denounce various cases of ill-treatment and excessive use of force by the border authorities, Highlighting the events of June 24, 2022, when, following an operation by Spanish and Moroccan security forces, at least 470 people were summarily returned. A year later, 77 disappearances, 37 deaths, and countless injuries have been documented in the aftermath.
»"Currently, when a person requests an independent clinical evaluation, it can take weeks, which means that many of the reported injuries may have already disappeared.".
»"The State does not officially recognize the Istanbul Protocol, the UN's benchmark instrument for investigating and documenting torture.".
The report also states that the prison oversight, investigative, and inspection courts are not serving to investigate and stop cases of ill-treatment and torture that occur within the prisons. prisons. Among many other measures, they demand guarantees so that the complainant can access a legal assistance from the very beginning; access to the video camera recording, This material is very difficult to access and is also routinely deleted every 30 days. Furthermore, to ensure a fair process, the organizations demand that incarcerated individuals have access to a medical report of their injuries prepared by an independent professional, not by the prison's own medical service. Currently, when someone requests an independent clinical evaluation, it can take weeks, meaning that many of the reported injuries may have already disappeared.
Regarding the documentation and investigation of torture cases, the organizations highlight that Spain, despite having 12 condemnations from the European Court of Human Rights for failing to investigate the allegations of torture, It shows no significant improvements in this area. Today, the State does not officially recognize the Istanbul Protocol, The UN's benchmark instrument for investigating and documenting torture is lacking, and therefore, forensic services operating within the courts do not have clear standards for evaluating torture allegations and, consequently, their needs. This deficiency is compounded by the lack of reparations and rehabilitation policies for survivors.
The civil society organizations that signed the report demand that the Spanish State comply with the precepts of the Convention against Torture, resolving those legal, administrative and practical issues that lead to human rights violations, and that in some cases, infringe the international law.
They sign the report: Sir[a] Center · Iridia · Catalan Human Rights Institute · Amnesty International-Spain · Andalusian Association for Human Rights · Spanish Association for Human Rights · World in Motion · Center for Documentation of Torture (CDDT) · Salhaketa Nafarroa · Observatory of the Penal System and Human Rights · Solidarity Wheels · SOS Racism · La Comuna · Sanfermines 78: remember
Shadow report for the United Nations Committee Against Torture
Together with various civil society organizations, we presented to the United Nations Committee Against Torture a report that compiles various violations committed by the State as a signatory country of the Convention
