A/HRC/15/60 to accept the recommendation envisaging the ratification of the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families. 365. Belarus expressed its gratitude for the detailed comments made by Spain during the eighth session of the Working Group. It noted that, of the 137 recommendations made, Spain was of view that 29 had already been implemented. Belarus noted the comments made on the recommendations that Spain was unable to support, and expressed its understanding in that regard. Belarus welcomed Spain’s determination to work on the implementation of recommendations, and believed that Spain would continue to improve the situation of migrants and the protection of migrants’ rights, and that, in particular, it would take measures to ensure the well-being of migrant children. Belarus regretted that the recommendations relating to the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which guaranteed the rights of migrants, had not been accepted. 366. Azerbaijan thanked Spain for the substantive responses provided to the recommendations, and welcomed its constructive approach to the universal periodic review. It commended the acceptance by Spain of most of the recommendations. It noted with satisfaction that the issues of the ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the development of a national plan of action against racism and xenophobia enjoyed the support of Spain and were in the process of implementation. Despite the threat of terrorism, Spain had never abandoned the rule of law in its response to it. 3. General comments made by other relevant stakeholders 367. The Office of the People’s Defender of Spain stated that its mandate was provided for by the Constitution and that it had been accredited as a national human rights institution with status “A” by the International Coordinating Committee of National Institutions, and that it was in full compliance with the Paris Principles. It welcomed the efforts made for the preparation of the national report; as a whole, the recommendations touched very much upon the Office’s own mandate and would certainly help it to strengthen its activities, which in recent years had included issues such as family reunification, living conditions in the prison system, training for the police, assistance to victims of trafficking and the establishment of a national mechanism for the prevention of torture. 368. Amnesty International noted that, though Spain had reformed its criminal code in 2010, it had failed to align the definition of torture with article 1 of the Convention against Torture, and expressed disappointment that recommendations to address this shortcoming made during the review had been rejected. It also observed that the Committee against Torture had recommended that two elements should be added to the existing definition. Despite the ratification of the Convention on Enforced Disappearances in 2009, the criminal code still failed to define the crime of enforced disappearances in accordance with international law. It also expressed its profound disappointment with Spain’s refusal to review its regime of incommunicado detention. Stating that it regularly received allegations of torture and ill-treatment during incommunicado detention, Amnesty International strongly urged Spain to reconsider this recommendation. 369. Human Rights Watch recalled that, during the review of Spain, five countries had raised the issue of impunity of crimes committed during the Franco dictatorship and regretted that, to date, the only person prosecuted in relation with those crimes was judge Baltazar Garzon, who had sought to investigate cases of enforced disappearances involving more than 100,000 victims between 1936 and 1951. Unlike Spanish courts, which had routinely applied the 1977 amnesty law which covered all crimes of a political nature committed prior to December in 1977, judge Garzon had refused to apply this law. Human Rights Watch stated that Governments had an obligation to provide victims of human rights GE.11-17043 137

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