A/HRC/43/47/Add.2
Group of Experts on People of African Descent) determines that, in Spain, the actions
described (the filming of law enforcement agents) only constitute an infraction when said
images or data are used in a manner that endangers, inter alia, the personal safety of the agents
or their families. Furthermore, at the end of paragraph 34, the Rapporteur states, without
providing any evidence, that practice by law enforcement agents in the field in 2019 (it should
be borne in mind that the Rapporteur visited Spain in January 2019) did not seem to fully
comply with the strict instructions of the State Secretariat for Security (instructions issued in
October 2018).
13.
Paragraph 41 asserts: “Connected to events in Catalonia in 2017, the Special
Rapporteur was presented reports of apparent increasing hate speech, vilification, vandalism,
physical threats and even assaults on minorities such as the Catalans, and to a lesser degree
on other national minorities. Some reports suggest that authorities are not sufficiently
responding to or prosecuting these allegations, thus indirectly contributing to an increasing
atmosphere of intolerance against minorities and nationalistic vitriol.” There is no footnote
providing any data from the reports on which the Rapporteur is basing these claims. What is
more, the Rapporteur himself goes on to admit that “the Special Rapporteur is not able to
comment on the veracity of these allegations…” Once again, at the end of paragraph 43 there
is a reference to an “apparent rise of hate speech and intolerance against minorities”. It is
unacceptable for the Rapporteur to include statements in his Report which he himself
recognizes to be unsubstantiated.
14.
As regards the claims contained in paragraph 51, and to provide a comprehensive
overview of the actual situation in Spain, it should also go on record that article 3.2 of the
Spanish Constitution provides for the right of all Spaniards to use Castilian—the official
Spanish language of the State—and their duty to know it. The above notwithstanding, in
addition to what is set out in the following paragraph regarding the use of the official
languages in the justice administration, we would mention the initiatives put into practice to
promote the knowledge of the co-official languages of Spain among the members of the State
law enforcement bodies. For this reason, the National Police provides assistance to its
members to learn Catalan. Similarly, the Delegation of the Central Government in Catalonia
has proposed to the Department of Culture of the Government of Catalonia the promotion of
an agreement to provide courses on the Catalan language to National Police and Civil Guard
officers posted to or recently arrived in Catalonia. Furthermore, for certain regional official
positions in Autonomous Communities (Spain’s self-governing regions) with a co-official
language, knowledge of said language is taken into account as a point of merit when selecting
candidates. In addition to all of this, the proceedings of the judicial police are assisted by
providing documents drafted in co-official languages, both for the victim and for the alleged
perpetrator of the crime. Finally, at the end of the same paragraph the Rapporteur states: “It
has been suggested that this leads to a significant number of grievances and frustration in
some of these communities…” We might then ask, yet again, if this suggestion has been
supported by any kind of data, statistics, etc.
15.
Paragraphs 53, 54 and 55. Article 231 of Organic Law 6/1985 of 1 July, on the
Judiciary (Spanish acronym LOPJ), does not obstruct the use of official languages in the
justice administration. On the contrary; this use is permitted, unless opposition is expressed
by one of the parties in the proceedings and such use would give rise to unfairness contrary
to the principle of effective remedy. Moreover, knowledge of official languages is taken into
account as a point of merit when deciding on candidates for the post of president in the higher
courts and appellate courts, as set forth in LOPJ, article 341. Also noteworthy here is the
express inclusion of the right to translation and interpretation in the Criminal Procedure Act
and in the Civil Procedure Act. This entails a set of rights for those defendants who do not
speak Castilian or the official language of the proceedings, i.e. the co-official languages of
certain Autonomous Communities: the assistance by an interpreter using a language that the
defendant understands throughout the proceedings and in their conversations with their
attorney, as well as the right to written translations of the documents that are essential to
guarantee their right to defence. In such cases the expenses are defrayed by the
administration, regardless of the outcome of the proceedings. Furthermore, this right is
guaranteed in article 9 of Act 4/2015 of 27 April, on the standing of victims of crimes.
However, paragraph 54 of the Report concludes: “…there have been consistent reports in
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