Deprivation of Liberty and Human Rights in Spain

ABSTRACT:

The Spanish State figures at international reports as one of the countries where torture persist, resulting in recommendations to eradicate or, at least, to minimize this practice. As such, the international organizations responsible for the protection of human rights denounce the lack of political will on the part of the Spanish Authorities (statutory, regional and local) to eradicate torture. Until the present day, successes in Spain in the fight against torture have been scarce for various reasons, as it is analyzed in these pages. The organizations fighting against torture in the Spanish state must overcome numerous administrative and political obstacles, whether it be in terms of access to detention centers or access to judicial or administrative expedients.

In this sense, the paper looks to analyze the effective level of respect for human rights and the mechanisms of prevention and sanction of torture and other cruel, inhuman or degrading treatment or punishment. This research expects, first, to point out the indicators of the situations we are analyzing and, second, to formulate recommendations tending to the implementation of formulas, public policies and mechanisms for the effective prevention and sanction of torture and cruel and degrading treatments in the institutions of segregation in Spain. The period investigated includes the last five years, from the end of 2001 to the end of 2006.

SUMMARY

I) Presentation.

II) Of which kind of deprivation of freedom in Spain we are dealing with?

III) What cases and which kind of torture we have investigated?

IV) The prohibition of torture in the international context. European norms and jurisprudence.

V) The prohibition of torture in Spain. Constitutional norms and jurisprudence.

VI) Torture and practices of impunity.

VII) Medical assistance and hygiene in prison. The right to the life and physical and psychic integrity (during the deprivation of freedom).

VIII) The mass media and the treatment of torture in Spain.

IX) Torture and the international context in the last five years.

X) Demands and Recommendations of victims of abuse and torture (people deprived of freedom, relatives, social organizations, professionals and lawyers) and of international organizations.

XI) Bibliography.

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Deprivation of Liberty and Human Rights in Spain