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

Report
September 15, 2009

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

38 A/53/44 Conclusions and recommendations of the Committee against Torture Spain, 1997, para 135.

39 Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 1 to 12 April 1991 (hereinafter CPT Report 1991) para 50 .

40 Ibid, para 52.

41 Ibid, para 51.

42 Interview with Amnesty International, 16 October 2008.

43 Interview with Amnesty International, 9 July 2008.

44 Constitutional Court Sentence 199/2003 of 10 November 2003.

45 See for example Supreme Court Appeal Sentence 927/2006, 4 October 2006.

46 Report to the Spanish Government on the visit to Spain carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 10 to 22 April 1994 (hereinafter CPT Report 1994) para 62.

47Ibid.

48 Interview with Amnesty International, 11 July 2008.

49 Human Rights Committee General Comment No. 8, U.N. Doc. HRI/GEN/1/Rev.1 at 8 (1994), para. 2.

50 Brogan et al. v. United Kingdom, 29 November 1988, 145b Ser.A 33 at 62.

51 El Pais newspaper, 3 February 2008, "Cámaras que paran torturas".

52 See CPT reports 1991 para 57, Report of Visit of the CPT to Spain from 22 November to 4 December 1998 para.26, Report of Visit of the CPT to Spain from 22 to 26 July 2001 para 9, and Report of Visit of the CPT to Spain from 22 July to 1 August 2003 para 25.