A/HRC/15/60
also allowed Spain to compare and contrast its experience with that of other States
Members of the United Nations.
349. The delegation welcomed the role played by civil society in the preparation of the
national report and by the 55 States that intervened during the interactive dialogue and
which submitted 137 recommendations, 98 of which were accepted by Spain.
350. Spain pledged to clarify its position not only in relation to the 34 pending
recommendations, but also to those it could not accept. A detailed account of Spain’s
position was available in the addendum to the Working Group report, which includes the
reasons why Spain could accept only 13 of the pending recommendations.
351. The delegation gave explanations of its position in relation to recommendations for
which it felt delegations had a particular interest, such as racism, xenophobia and the
integration of immigrants; human trafficking; the right to asylum; and equality and the fight
against violence against women. The delegation also acknowledged the support it received
for its campaign for the abolition of the death penalty and for the alliance of civilizations.
352. The delegation recalled the national plan on human rights of December 2008, which
was based on two main components: equality, non-discrimination and integration; and
human rights guarantees. A follow-up commission, composed of representatives of the
Government and civil society, had been set up. The Commission held regular meetings and
provided progress reports to the Congress. Although Spain was committed to the promotion
of human rights, it was not in a position to accept all recommendations, and provided
explanations in that regard. Spain had not signed the Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families because it considered it an
unbalanced instrument. The Convention gave priority to the interests of the countries of
origin, and its provisions did not make a distinction between migrant workers in a regular
situation and those in an irregular situation. Furthermore, Spanish legislation provides
broad protection to the rights of immigrants.
353. The definition of torture in article 174 of the criminal code does not present
problems of interpretation and contains the basic elements of the definition contained in the
Convention against Torture. The national definition also contains other features that
provide further protection.
354. Spanish judges and courts investigate and deal with all reports of disappearances
received under the principles of independence, tenure and responsibility, and in accordance
with the law. Crimes against humanity and genocide are prosecuted in accordance with the
International Covenant on Civil and Political Rights, the Convention on the Prevention and
Punishment of the Crime of Genocide and the International Convention for the Protection
of All Persons from Enforced Disappearance.
355. Incommunicado detention has all procedural safeguards in Spain. Its legal regime is
quite restricted and requires permanent monitoring from the competent judge.
Incommunicado detention is used for cases of armed bands or terrorist organizations, where
police and judicial findings can have international implications and are particularly
complex, without prejudice to the rights of detainees.
356. Spain’s legislation has the necessary legal means to act in cases of hate, xenophobic
or defamatory speech and therefore it is not considered necessary to restrict freedom of
expression.
357. Organic Law 1/2004 on measures against gender violence is a more protective and
effective mechanism than a plan against gender violence. The law provides legal assistance
and comprehensive social care to victims. Moreover, the strategic plan on equal
opportunities for the period 2008–2011 incorporated a series of measures aimed at ending
violence against women.
GE.11-17043
135
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