A/HRC/13/30 16. In a note verbale dated 17 November 2009, the Government of Spain expressed its complete disagreement with Opinion No. 17/20097 on the detention of Karmelo Landa considering that it contains biased and incorrect assessments lacking a legal basis. The decisions on the remand in custody and imprisonment of Mr. Landa were taken by independent judicial bodies, in accordance with domestic laws and international human rights standards. The Government considers that the Working Group did not give equal consideration to the arguments made by the source and the Government. 17. The Government cannot agree that the defendant was detained because of his membership in leadership bodies of Batasuna. It was rather his alleged membership in or association with a terrorist group. In any case, the Working Group cannot consider that activities related to a banned political party fall under articles 19, 20 and 21 of the Universal Declaration of Human Rights, and 18, 19 and 22 of the International Covenant on Civil and Political Rights. The Opinion appears to ignore the terrorist nature of the banned political organization of Batasuna, as confirmed by the Spanish Supreme Court, the Council of the European Union, and the European Court of Human Rights. 18. Regarding the conditions of detention and allegations of ill-treatment, the Government submits that its version and that of the source are incompatible; notwithstanding that the Working Group considered the source’s submission as more credible. 19. In conclusion, the Government does not consider that the pretrial detention ordered by the courts involves any violation of human rights. The Government cannot interfere with an independent judicial process. The principle of separation of powers must prevail under the rule of law. 4. Information received concerning previous Opinions 20. On 24 February 2009, the Working Group was informed of the release of Mr. Tin Htay and Than Htun, who were the subject of Opinion No. 7/2008 (Myanmar).8 21. In connection with Opinion No. 37/2007 (Lebanon),9 the source informed the Working Group that Mr. Ahmad Abdel Aal and Mr. Mahmoud Abdel Aal were released on bail on 25 February 2009. The Working Group further notes in relation to this Opinion that in a decision dated 29 April 2009, a pretrial judge of the Special Tribunal for Lebanon ordered that General Jamil Al Sayed, General Ali El Haj, General Raymond Azar and General Moustapha Hamdane be released, unless they were being held on other grounds. 22. The Working Group was informed by the source that Mr. Zhang Honghai, whose detention was declared arbitrary in Opinion No. 32/2007 (China),10 was released on 12 March 2009, however only after having served his prison term of eight years in full. 23. In connection with Opinion No. 3/2008 (United Arab Emirates)11 the Working Group was informed by the source that Mr. Abdullah Sultan Sabihat Al Alili was released on 8 May 2009 after 28 months of detention in Abu Dhabi. 24. 7 8 9 10 11 10 The source of the case submitted to the Working Group stated that, on 10 July 2009, Ibid. A/HRC/10/21/Add.1, p. 115. Ibid., p. 78. Ibid., p. 60. Ibid., p. 97. GE.10-10294