A/HRC/15/60
358. Spain did not consider the establishment of an additional national mechanism to
identify victims of trafficking necessary. Highly qualified personnel in the security forces
are currently tasked with the identification of victims of trafficking and worked in close
cooperation with specialized non-governmental organizations, ensuring compliance with
article 10 of the European Convention on Trafficking.
359. The Government had no choice but to reject the recommendation that it follow the
findings of the Special Rapporteur on the promotion and protection of human rights while
countering terrorism, since they drew into question, without substantiation, the legal and
institutional framework under which a democratic State fights terrorism, without offering
valid alternatives beyond personal opinions, as well as the impartiality and independence of
the State powers, particularly those responsible for ensuring law enforcement and the
protection of the rights of the individual.
360. Furthermore Spain did not consider it necessary to create another independent body
to investigate complaints of ill-treatment, because, under the rule of law, judges are in
charge of investigations. Judges in Spain are autonomous and independent of the
Government and other public administrations, and have the necessary means and legal
capacity to act accordingly.
361. The delegation recalled that Spain gave special importance to the international
protection of the human rights of the victims of terrorism. At present, the main human
rights infringements in Spain derived from the criminal activities of terrorists. The
Government had the obligation to protect fundamental freedoms by outlawing
organizations that provided political cover to terrorists, as endorsed by the European Court
of Human Rights in a landmark decision.
362. The delegation concluded by reiterating the Government’s commitment to cooperate
with international human rights bodies, and announced that, as a further sign of its
commitment, it would follow up carefully on the recommendations and report periodically
to the Council.
2.
Views expressed by Member and observer States of the Council on the review
outcome
363. The Islamic Republic of Iran thanked Spain for its statement and expressed its
appreciation that some of its recommendations had been accepted. It expressed concern at
certain issues raised during the review, including human trafficking, in particular that of
women and girls for sexual exploitation; discrimination based on ethnicity and religion
against minorities and immigrants, and especially restrictive measures against the Muslim
minority, particularly women and girls; the rampant use of torture and the distressing
conditions in detention centres, in particular those holding foreigners and asylum-seekers;
and the use of Spanish airspace and airports by a third country in the context of a
programme of secret rendition and detention. The Islamic Republic of Iran urged Spain to
adopt laws and measures to implement the recommendations made at the session of the
Working Group, including those that it had made.
364. Algeria welcomed the responses to the recommendations provided by Spain. Both
countries shared similar challenges, such as the fight against terrorism and the growing
incidents of racism and xenophobia against migrants, and needed to work together to
eradicate those threats. Spain had a clear commitment to human rights, as demonstrated in
its national report, which reflected the progress achieved to date, most notably in the
improvement of the institutional and legislative framework for the protection of human
rights and the ratification of most international human rights instruments. Algeria
appreciated the fact that Spain had accepted two of its recommendations, and encouraged it
136
GE.11-17043
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