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
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