A/HRC/13/31
National Registry, the Government replied that it is a too general statement. It is true that
during the civil war, children were given up for adoption and changes of name were
recorded in the Civil Registry in cases where these children were declared orphans.
However, it is also true that the particular circumstances, procedures, and especially the
reasons, varied enormously from case to case.
492. Regarding the allegation that family members of the disappeared face harassment
when trying to exhume corpses in clandestine graves that have been uncovered, the
Government states that the statement is false given that, as explained above, the authorities
took a number of legislative and administrative measures to facilitate the process.
493. Regarding the conduct of specific investigations the Government stated that a
number of specific investigations have been conducted by the judiciary and the
Government has also implemented a number of measures for the purpose of carrying out
such investigations.
494. Regarding compensations and reparations for the victims of enforced
disappearances, the Government stated that there exist a series of instruments for that.
495. Regarding the specific measures to assist the family members of victims in locating
disappeared persons and to compensate them with the due reparations, the Government
stated that the legislation includes various provisions for measures and instruments for
public administrations to make it easier for interested parties to locate and identify
disappeared persons, as a final mark of respect for them. It includes a protocol on
exhumations and a mapping of the respective territories where the remains of disappeared
persons may be located, provides for the possibility of public authorities to authorize
searches for victims and establishes procedures for the direct descendants of the victims to
recuperate the remains buried in the communal graves in order to identify them and, where
appropriate, transfer them to another location.
496. The Government replied to the second general allegation on 18 June 2009 stating
that it has conducted a thorough investigation into allegations that, since 2002, some
Spanish airports have been used for the transfer of prisoners. According to all available
information, there is nothing to indicate that flights used by Spanish military bases involve
acts contrary to Spanish legislation or to Spain’s international obligations.
497. The Government of Spain has also requested assurances regarding the use of
Spanish civilian airports for stopovers of covert flights for the purpose of transferring
prisoners of the “extraordinary rendition” programme.
498. In addition, the Government has requested all possible information concerning
stopovers of alleged covert flights and transmitted it to the competent judicial authority: the
National High Court (Audiencia Nacional) and has complied with all requests made by that
authority.
499. The Government of Spain has made public the results of its investigations and
conclusions in this area. The Minister of Foreign Affairs and Cooperation of Spain
appeared before the Congress of Deputies in 2005 and 2008 and before the European
Parliament in 2006 in order to testify on this matter.
500. The Government is unequivocal in its condemnation of the use of such methods and
in its commitment to investigate and clarify the alleged events. Likewise, Spain takes a
clear and firm position on the need for scrupulously applying national and international law
and respecting human rights in all actions taken by the Government and its agents, and
especially with regard to efforts to combat terrorism.
104
GE.09-17704
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