Report by Alvaro Gil-Robles, Commissioner for Human Rights, on his Visit to Spain 10 - 19 March 2005

INTRODUCTION

In conformity with Article 3 (e) of Committee of Ministers Resolution (99) 50, on the Council of Europe Commissioner for Human Rights, I made an official visit to Spain from 10 to 19 March 2005 with a view to preparing a report on the effective respect for human rights were upheld in that country. It was my first official visit of a general nature to Spain, as the previous one, which I made on my own initiative from 5 to 8 February 2001, had been limited to the Basque Country, for the specific purpose of observing the situation generated by the violation of human rights as a consequence of terrorist violence (CommDH(2001)2).

During the visit that gave rise to the present report, I travelled to Madrid, Barcelona, Vitoria, Bilbao, Seville and Algeciras. Subsequently, from 5 to 11 May 2005, members of my Office also visited Fuerteventura, Lanzarote, Ceuta and Madrid to supplement the information gathered during the official visit. I should like to express my sincere thanks to the Ministry of Foreign Affairs, the Generalitat de Cataluña, the Basque Government, the Junta of Andalucía, the Government of the Canary Islands and the Government of the Autonomous City of Ceuta for their valuable assistance in the efficient organisation of the visit, during which I was accompanied by the Director of my Office, Manuel Lezertua, and John Dalhuisen and Ignacio Pérez Caldentey, both members of my Office.

In Madrid I was granted a hearing by His Majesty the King and I met Interior Minister José Antonio Alonso, Miguel Angel Moratinos, Minister for Foreign Affairs and Co-operation, Justice Minister Juan Fernando López Aguilar, and Consuelo Rumí, Secretary of State for Immigration and Emigration. I also had meetings with Manuel Marín, President of the Congress of Deputies, Francisco Javier Rojo, President of the Senate, Francisco José Hernando, Chair of the General Council of the Judiciary, María Emilia Casas, President of the Constitutional Court, and Enrique Múgica, Ombudsman. In Madrid I visited the Initial Reception and Protection Centre for Adolescents in Hortaleza, the Retention Center for Foreigners, the Moratalaz police station and the Madrid V Prison in Soto del Real.

In Barcelona I met Pasqual Maragall, President of the Generalitat, Ernst Benach, Speaker of the Parliament of Catalonia, Josep María Vallés, Minister of Justice, Montserrat Tura, Minister of the Interior, and Rafael Ribó, Ombudsman. In Catalonia I visited a police station of the Mossos d’Esquadra (autonomous authority police), the Retention Centre for Foreigners in La Verneda and the Can Brians Prison.

In Vitoria and Bilbao, I met Juan José Ibarretxe, Lehendakari (President) of the Basque Government, Juan María Atutxa, Speaker of the Basque Parliament, Javier Balza, Minister of the Interior, Joseba Azkarraga, Minister of Justice, Employment and Social Security, Gabriel María Inclán, Minister of Health, and Iñigo Lamarca, Ararteko (Ombudsman). In the Basque Country I visited Martutene Prison, near San Sebastian.

In Seville, I met Manuel Chaves, President of the Junta de Andalucía, Evangelina Naranjo, Minister of the Interior, María José López González, Minister of Justice and Public Administration, Micaela Navarro, Minister for Equality and Welfare and José Chamizo, Ombudsman. In Seville I visited the Prison Psychiatric Hospital and a care centre for victims of domestic violence. In Algeciras, a Guardia Civil Headquarters, the Retention Center for Foreigners and the Centre for Unaccompanied Foreign Minors of Nuestra Señora del Cobre.

In the course of a second visit, the members of my Office met the Directors and Councillors for Social Affairs of the islands of Fuerteventura and Lanzarote and the Ombudsman. They visited the Detention Centre for Foreigners in El Matorral and the Centre for Unaccompanied Foreign Minors in Llanos Pelados in Fuerteventura, as well as the Reception Centre for Foreign Minors in Lanzarote. In Ceuta they met the Government Delegate, the Presidential Advisor and the Director General for Minors. They visited the La Esperanza and Mediterraneo Centres for Unaccompanied Foreign Minors, the Temporary Centre for Immigrants, the Aliens Office and a Guardia Civil headquarters at the El Tarajal border post and part of the borderline. In Madrid they held technical meetings at the Interior and Justice Ministries, the Immigration and Emigration Secretariat and the Constitutional Court.

Like the members of my Office in Fuerteventura, Lanzarote and Ceuta, I was able to meet representatives of numerous non-governmental organisations in Madrid, Barcelona, Vitoria and Seville and, although I cannot mention them all individually, I should like to express my thanks for all the help and the valuable information they gave me.

Download at .doc format

CommDH 2005(8)ENG