A/HRC/13/31
General allegation
Yes
Government response
Yes
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Standard procedures
479. The Working Group transmitted to the Government one newly-reported case
concerning Abel Ballart Sans, last seen in March 1946 in the military barracks of Portant
(Vall de Aran).
Information from the Government
480. The Government of Spain transmitted three communications dated 5 and 26
February and 18 June 2009. In the first communication, the Government requested more
information on three of the outstanding cases. The second communication included a reply
to the general allegation sent on 16 January 2009, and the third a reply to the general
allegation sent on 15 May 2009.
General allegations
Summary of the general allegations
481. Information was submitted by sources concerning obstacles reportedly encountered
in the implementation of the Declaration. This information was transmitted to the
Government in two separate allegations after the Working Group’s eighty-sixth and eightyseventh sessions.
482. In the first allegation, it was reported that there have been no investigations into
disappearances that took place during the Spanish Civil War and General Francisco
Franco’s regime even though, under the continuous crimes doctrine for disappearances that
remain unresolved, they continue to be committed. Allegedly, the Amnesty Law, adopted in
1977, applied statutory limitations for all crimes committed during the above-mentioned
periods, including enforced disappearances. This law reportedly prevents any investigations
from taking place. In addition, information was provided about the Historical Memory Law,
adopted in 2007, alleging that it fails to address the crime of enforced disappearance, and
does not provide victims with an effective remedy, undermining their rights to truth, justice
and reparation.
483. It was also reported that thousands of children disappeared in Spain between 1940
and 1954. Some of these children were allegedly placed in orphanages and given up for
adoption, and in many cases had their names changed in the National Registry.
484. There is also concern that family members of the disappeared face recurring
obstacles and harassment by the authorities when trying to exhume corpses found in
clandestine graves that have been uncovered.
485. In a separate allegation, it was reported that the Government of Spain was involved
in 2003 in a practice of renditions and secret detention. The role of the Government in this
practice allegedly consisted of allowing the use of the airports of Spain by planes to
transport victims of rendition. Those planes stopped over in those airports during the
process of transferring, taking, delivering, or returning detainees from the rendition. It is
believed that the use of these planes, without the control and scrutiny of the Government,
was essential to facilitate and implement the rendition programme. In some cases, these
planes were used to detain individuals in Europe, while in other cases victims of enforced
disappearances were transported in and out of Europe. The Government allegedly allowed
102
GE.09-17704
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