Spain: Out of the shadows - Time to end incommunicado detention

Report
September 15, 2009

Spain: Out of the shadows - Time to end incommunicado detention


 

Amnesty International Publications


First published in 2009 by

Amnesty International Publications

International Secretariat

Peter Benenson House

1 Easton Street

London WC1X 0DW

United Kingdom

www.amnesty.org


? Copyright Amnesty International Publications 2009


Index: [EUR 41/001/2009]

Original Language: English

Printed by Amnesty International, International Secretariat, United Kingdom


All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers.


Cover photo: [Credit]



Contents



Introduction

In Spain, people held in incommunicado detention may be deprived of effective access to a lawyer as well as access to a doctor of their own choice, and are unable to inform their family and friends of their detention. Under Spanish law, incommunicado detention can be imposed before or after the detainee is brought before a judicial authority. Incommunicado detention legislation has been maintained and amplified by successive Spanish governments, despite the calls for over a decade by various UN bodies, the Council of Europe's Committee for the Prevention of Torture (CPT)1, and human rights organisations, to take measures to remove legislation on incommunicado detention from national law. It is one of the most severe detention regimes in any European Union country.