Rights International Spain (RIS), an independent non-governmental organization, formed by experts in international law and dedicated to the promotion and defense of civil rights and liberties, highlights in one of its documents the condemnation of Spain by the European Court of Human Rights (ECHR). In 2018 there were eight condemnations, for violations of rights similar to those committed in previous years. Other experts from UN agencies and the Council of Europe have also expressed their concerns about the repression suffered by the Catalan independence movement.
In 2018, the ECHR condemned Spain eight times for violations of the European Convention on Human Rights. The condemnations are about repeated violations of freedom of expression, the prohibition of torture, the right to a fair trial and an independent and impartial tribunal, and respect for family and private life.
In addition, the Council of Europe Anti-Corruption Group (GRECO) evaluated last January the degree of compliance by Spain with the recommendations issued after previous evaluations to prevent and combat the corruption of parliamentarians, judges, and prosecutors. GRECO observed that Spain had not applied or addressed any of the eleven recommendations contained in the last report, issued in 2014.
Earlier this year, the Commissioner for Human Rights of the Council of Europe addressed the Spanish Congress and Senate urging them to modify the current Citizen Security Law to eliminate all disproportionate interference in the rights to freedom of expression and freedom of assembly. The Commissioner expressed concern about the broad and inaccurate wording of the law, which gives a broad margin of interpretation to the police and, as a result, allows for arbitrary. This law resulted in sanctions with unclear foundations against journalists filming police officers or against people in peaceful demonstrations and disproportionate limitations of fundamental rights protected by the European Convention.
In December 2018, the Council of Europe mentioned Spain as a problematic example of the application of anti-terrorism legislation. The reason for this was vague and inappropriately widespread terms of the crimes concerning terrorism. Specifically problematic is Article 578 of the Criminal Code, which has led to disproportionate restrictions on freedom of expression.
The Sub-Committee for the Prevention of Torture recommended the creation of a new entity to prevent torture in Spain. Currently, such measures are handled by an Ombudsman’s office. In addition, other UN human rights experts urged Spain to suspend the extradition of Chinese and Taiwanese people to mainland China, as they risk torture and execution. Spain is a signatory of the international commitment to refrain from expelling, returning or extraditing persons to any State if there are reasons to believe that they may be subjected to torture or the death penalty.