On May 15, the United Nations Committee against Torture published its concluding observations on Spain after its review of the country. The committee echoes in large part both the concerns and the recommendations described in the shadow report prepared by Rights International Spain, and criticizes the lack of progress on recommendations submitted in 2009, when Spain was last reviewed.

Lack of adequate description of the crime of torture within the penal code

The committee again states its concern regarding the lack of necessary regulation of the crime of torture. The penal code has still not been updated to reflect the definition of torture contained in the UN Convention against Torture, and sentences continue to be inadequate given the seriousness of this crime. Spain is therefore urged to push forward the necessary changes in the penal code in order to harmonize its internal regulations with the Convention.

Outstanding debts, crimes from the past: The imprescriptibility of torture and the Amnesty Law

The committee reminds the Spanish state once again that acts of torture, including forced disappearances, are neither subject to prescription nor to amnesty. The state is urged to adopt all measures necessary to assure that incidents of this crime, including those that took place during the Spanish Civil War and under Franco, be correctly investigated and taken to trial, and that the victims be compensated.

Incommunicado detention

This committee, in accord with other organs, including the European Human Rights Court, again questions Spain’s practice of incommunicado detention for up to 13 days in cases involving terrorism charges. The committee urges the state to review this practice and work towards its abolition, and to take advantage of the reform currently under way of the Criminal Trial Law in order to guarantee that all arrested persons enjoy basic safeguards.

Excessive use of force and police impunity

The committee also expresses its concern regarding documented cases in which the police and the Civil Guard have used excessive force, both in demonstrations and in border enforcement. In this respect, Spain is urged to "adopt effective measures to prevent and to put an end to the disproportionate use of force by law enforcement officers, assuring that clear and binding norms govern the use of force," in accordance with international standards.

The committee also reminds the Spanish state of its obligation to investigate and try all acts of police brutality. It recommends that Spain take a series of measures to overcome the impunity of police officers who make excessive use of force, such as the establishment of an independent mechanism to supervise police actions, the clear identification of police officers, protection from reprisals for those who report abuse, and the collection of detailed statistical data on reports and sentencing of cases of torture and abuse.

Principle of non-refoulement and diplomatic guarantees

The committee reminds Spain that it should make sure that no person be expelled, returned or extradited to another state when there are well-founded reasons to believe that person runs a risk of being subject to torture there. It should also abstain from requesting or accepting diplomatic assurances as a safeguard against torture or abuse in these cases. Likewise, it should individually evaluate each case, and guarantee that all persons in need of international protection have access to the procedures of asylum, including access to refugee status.