SpainCountry Reports on Human Rights Practices - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007
The Kingdom of Spain, with a population of approximately 44.4 million,
is a parliamentary democracy headed by a constitutional monarch. The
country has a bicameral parliament, and the head of the largest political
party or coalition is usually named president. The 2004 national election
was free and fair. The Spanish Socialist Workers Party won the multiparty
election, and José Luis Rodríguez Zapatero became president. Civilian
authorities generally maintained effective control of the security
forces. The government generally respected the human rights of its citizens,
and the law and judiciary provided effective means of addressing
individual instances of abuse. There was one report that security forces
abused a suspect, and other reports indicated that some guards at migrant
detention facilities mistreated detained migrants; Jewish groups reported
isolated acts of vandalism; Muslim groups reported some societal
discrimination; there were reports that authorities at times expelled
illegal immigrants without adequate screening for potential asylees;
domestic violence, trafficking in persons, prejudice and at times violence
against minorities were societal problems. The Basque terrorist group
Basque Fatherland and Liberty (ETA) declared a "permanent ceasefire" on
March 22; however, an ETA bombing at the Madrid airport on December 30
killed at least two persons. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom
From: a. Arbitrary or Unlawful Deprivation of Life There were no reports that the government or its agents committed
arbitrary or unlawful killings. There were legal developments related to some killings or alleged
killings in previous years. In June the prosecutor asked for a 10 year
prison sentence for civil guard commander José Manuel Rivas, and eight
years in prison for each of seven other civil guards, accused of killing
Juan Martinez Galdeano in July 2005. Galdeano died in civil guard custody
in Roquetas (Almeria). The Ministry of Interior's investigation led to
charges that the guards beat Galdeano to death, used banned weapons,
obstructed the investigation, and provided false testimony. The trial had
not begun by year's end. In April the prosecutor asked for a conviction on charges of negligent
homicide and a two year jail sentence for a regional Catalonian police
officer who shot and killed a Moroccan national, Farid Ben Daoud, during
an operation against drug traffickers in 2004. While an investigation
concluded that the killing was unintentional, prosecutors concluded that
the officer had been negligent in securing his sidearm. The trial began in
October. The terrorist group ETA, whose declared goal is to establish an
independent Basque state, continued its terrorist campaign of bombings
during the first two and a half months of the year. ETA publicly claimed
responsibility for these attacks. However, in March ETA declared a
"permanent ceasefire" and sought negotiations with the government on
Basque independence and legalization for Batasuna, its political wing. The
government made both cessation of and renunciation of violence a
precondition for negotiation. However, on December 30, ETA terrorists
detonated a massive car bomb inside a parking garage at Madrid's
international airport, destroying the five level garage and causing the
death of two persons and significant loss of property. The government
responded on December 31 by severing negotiations. Batasuna
representatives declined to condemn the attacks and blamed the government
for failing to advance peace negotiations. b. Disappearance There were no reports of politically motivated disappearances. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment The constitution and laws prohibit such practices, and the government
generally respected this prohibition. In September the civil guard questioned 18 police officers about their
alleged implication in the June 23 beating of a Guatemalan citizen in the
police headquarters of Torrevieja (Alicante). A judge subsequently charged
13 of the officers, along with two local government officials, with the
beating. Authorities produced mobile telephone recordings allegedly
implicating both the police and members of the local government in an
attempt to cover up the abuse. At year's end the case had not gone to
trial. Following a wide ranging 2005 visit, the commissioner for human rights
of the Council of Europe (COE/CHR) reported that he and his team did not
find evidence of any ill treatment of prisoners. Many other observers
generally agreed that police abuses were infrequent. However, a report by
the European Commission against Racism and Intolerance (ECRI) released on
February 21, reported that nongovernmental organizations (NGOs) continued
to receive reports from noncitizens, Roma, and citizens of immigrant
origin asserting that they were victims of misconduct, including insulting
and abusive speech, mistreatment, and violence by the various security
forces. The report indicated that victims rarely filed complaints, and
there appeared to be little investigation of the incidents. There were reports that a few members of the security forces abused and
mistreated detained illegal immigrants. Media reported that some
authorities in detention facilities traded food and other special favors
for sex and money from migrant detainees. A government investigation was
ongoing at year's end (see section 2.d.). The NGO SOS Racismo denounced abuses of immigrants by some Catalan
police officials. There were complaints by immigrants of mistreatment by
police who were checking them for identification. One example was that of
an immigrant from the Maghreb region who, after being attacked by four
unknown persons and being badly injured, sought police assistance. Instead
of helping him, police handcuffed him and left him inside a police car for
more than 30 minutes before getting him medical attention. On December 30, ETA terrorists broke a ceasefire by detonating a bomb
at the Madrid airport, killing two persons and wounding many others. ETA
kidnapped a French citizen whose vehicle they stole for use in the attack.
Prior to the March 9 "permanent ceasefire" declaration, there were 12
terrorist acts, including attacks in the provinces of Cantabria, Alava,
Guipuzcoa, Vizcaya, Zaragoza, Huesca, and Navarra. None of the injuries
from these attacks was serious. Prison and Detention Center Conditions Prison conditions generally met international standards; the government
permitted visits by independent human rights observers. Prisons were overcrowded. At year's end there were 64,066 inmates in
the country's 77 prisons with an inmate per cell ratio of approximately
1.6. At the end of 2005, the government approved construction of 11 new
prison facilities to be completed by 2012; four were under construction by
year's end. As of year's end, the delegation of the Council of Europe's Committee
for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment had not made public a formal report on its 2005 visit to a
number of the country's prisons. In their informal report, they reiterated
earlier recommendations that authorities give detainees quicker access to
lawyers, reduce the length of incommunicado detention, and provide
detainees with access to their personal doctors rather than government
doctors. The government replied that incommunicado detention was only used
under strict judicial supervision and that most detainees had prompt
access to their lawyers. d. Arbitrary Arrest or Detention The constitution and law prohibit arbitrary arrest and detention, and
the government generally observed these prohibitions. Role of the Police and Security Apparatus Police forces include the national police and civil guard, both under
the authority of the central government, as well as municipal police and
police forces under the authority of Catalonia and the Basque country
regional governments. All police forces operated effectively with isolated
reports of corruption. However, the ECRI reported a problem with police
impunity in a report made public on February 21 (see section 1.c.). The
constitution provides for an ombudsman who investigates claims of police
abuse (see section 4). Police internal investigators have 15 days to
respond to inquiries from the ombudsman concerning police behavior, and
the ombudsman's office issues findings on the results of investigations
and may impose sanctions. The ombudsman may perform unannounced
inspections of police facilities (see section 4). The national ombudsman's
annual report for 2005, released in June, stated that it intervened after
receiving complaints of delays in judicial procedures and instances of
poor communication and coordination between police and judicial
authorities. The national ombudsman filed 140 ex officio judicial
complaints, including in the Roquetas case and in every instance of death
during incarceration (see section 1.a.). During 2005 the ombudsman network
processed 3,999 complaints relating to matters of justice, defense and
internal affairs. The national ombudsman also reported that the Ministry
of Interior accepted its recommendation to suspend two national police
officers pending a disciplinary investigation. Arrest and Detention The law provides that Police may apprehend suspects with probable cause
or with a warrant based on sufficient evidence as determined by a judge.
With certain exceptions, police may not hold a suspect for more than 72
hours without a hearing. Police generally respected these procedures in
practice. Detainees generally were promptly informed of the charges
against them. The courts released defendants on bail unless they believed
that the defendants might flee or be a threat to public safety. Police
generally gave arrested persons prompt access to a lawyer of their
choosing or, if they could not afford one, to a court appointed attorney.
In certain rare instances involving acts of terrorism or rebellion, the
law allows authorities to detain persons for up to five days prior to
arraignment on the authorization of a judge. In these cases a judge also
may order incommunicado detention for the entire duration of police
custody (five days). The law stipulates that suspects held incommunicado
have the right to an attorney, but not necessarily to their attorney of
choice. The Spanish Bar Association, not the government, selects an
attorney for the detainee. Additionally, after incommunicado police
custody and arraignment, a court or judge may order additional
incommunicado pretrial imprisonment of up to 13 days. Human rights
observers indicated that this power carried the potential for abuse.
Authorities asserted that this form of detention was rare. Lengthy pretrial detention occurred. At year's end the prison
population was 64,066 of whom 15,154 were pretrial detainees. Under the
law authorities may detain suspects for more than two years before putting
them on trial unless a judge authorizes a further delay, which may extend
to four years. In practice pretrial detention was usually less than one
year. e. Denial of Fair Public Trial The constitution provides for an independent judiciary, and the
government generally respected judicial independence in practice. The judicial structure consists of local, provincial, regional, and
national courts with the Supreme Court at its apex. A Constitutional Court
has the authority to return a case to the court in which it was
adjudicated if it determines that constitutional rights were violated
during the course of the proceedings. The national courts hear cases
involving terrorism and drug trafficking. The European Court of Human
Rights is the final arbiter in cases concerning human rights. Trial Procedures The constitution and law provide for the right to a fair trial, and an
independent judiciary generally enforced this right. Trials are public and there is a nine person jury system. Defendants
have the right to be represented by an attorney (at government expense for
the indigent), to confront witnesses, to present witnesses on their
behalf, and to have access to government held evidence. Defendants enjoy
the presumption of innocence and the right to appeal. Political Prisoners and Detainees There were no reports of political prisoners or detainees. Civil Judicial Procedures and Remedies An independent and impartial judiciary exists for civil matters. f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence The constitution prohibits such actions, and the government generally
respected these prohibitions in practice. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The constitution provides for freedom of speech and of the press, and
the government generally respected these rights in practice. An
independent press, an effective judiciary, and a functioning democratic
political system combined to ensure freedom of speech and of the
press. Individuals could criticize the government publicly or privately
without reprisal, and the government did not attempt to impede
criticism. The law prohibits, subject to judicial oversight, the publishing of
documents that the government interprets as glorifying or supporting
terrorism. There were no reports that persons were prosecuted for this
offense during the year. The independent media were active and generally expressed a wide
variety of views without restriction; however, there was one report of
attempted restriction on broadcast media in Catalonia. In January several
NGOs criticized a December 2005 law enacted by the regional Catalonian
parliament that gave the Catalonian Audiovisual Council authority to fine
Catalonian media as much as $393,000 (300,000 euros), or to shut them
down, for transmitting "untruthful" information. There were no reports
that this law was employed during the year. On April 11, Holocaust denier Pedro Varela was arrested in his
bookstore Libreria Europa in Barcelona. Police seized hundreds of books
denying or minimizing the Holocaust. Authorities charged Varela with
defending genocide and incitement to racial hatred and released him
pending trial. The charges against him carry a penalty of up to five
years' imprisonment. The trial had not begun at year's end. Internet Freedom There were no government restrictions on access to the Internet or
reports that the government monitored e mail or Internet chatrooms.
Individuals and groups could engage in the peaceful expression of views
via the Internet, including by electronic mail. Internet access was
readily available from a number of providers. The government did not
require Internet service providers to restrict public access to any Web
sites. Academic Freedom and Cultural Events There were no official government restrictions on academic freedom or
cultural events. Languages or dialects other than Castilian Spanish are used in six of
the country's 17 provinces. The constitution stipulates that citizens have
the "duty to know" Castilian, which is the official language of the state;
however, it provides that other languages may also be official under
regional statutes and that "different language variations of the country
are a cultural heritage which shall be protected." In the autonomous province of Catalonia, Catalan and Castilian are both
official languages and both may be used in official institutions as well
as in schools. However, during the year both Spanish and Catalan ombudsmen
received isolated complaints of alleged discrimination against the use of
either Castilian or Catalan (see section 5). b. Freedom of Peaceful Assembly and Association The constitution provides for freedom of assembly and association, and
the government generally respected these rights in practice. c. Freedom of Religion The constitution provides for freedom of religion, and the government
generally respected this right in practice. The constitution declares the country to be a secular state, and
various laws provide that no religion should have the character of a state
religion; however, Catholicism was the dominant religion and enjoyed the
closest official relationship with the government. The Catholic Church
benefited from financing through the tax system in that taxpayers,
regardless of denomination, could elect to dedicate a small percentage of
their taxes to the Catholic Church. The government also provided some
direct funding to the Catholic Church, as well as funding for religion
teachers in public schools, military and hospital chaplains, and other
indirect assistance. The Jewish, Muslim and many Protestant communities
had official status and received some tax benefits through agreements with
the government, but they enjoyed fewer privileges. To receive status as a religion, an organization must be officially
recognized by the Ministry of Justice. Groups not officially recognized as
religions, including the Church of Scientology, were treated as cultural
associations. The Church of Scientology filed its most recent application
for official recognition with the Ministry of Justice in 2004. The
ministry rejected the application in May 2005 on the grounds that the
ministry did not have the authority to overturn a 1990 Supreme Court
decision that denied the church registration. On separate occasions leaders of the Muslim and Jewish communities
complained about difficulties in securing permits and approvals to
construct new places of worship. Specifically, efforts to construct a
mosque in Seville were met with judicial hurdles that the Seville Mosque
Foundation claimed were prompted by societal prejudice against Islam.
Construction was on hold at year's end pending a judicial ruling on a
complaint filed by Bermejales 2000, a neighborhood association that
gathered 1500 signatures opposed to the construction of the mosque. Planners of a Sephardic Jewish center in Barcelona criticized local and
national government officials for withholding support for the project.
Authorities replied that they did not oppose the project but were waiting
for a feasible plan. The law mandates public funding for teachers in Catholic, Islamic,
Protestant, and Judaic studies in public schools when at least 10 students
request them. Islamic leaders complained that the demand for Islamic
instruction far outstripped the government's capacity to provide it. In
October Muslim leaders and government officials celebrated printing of the
first 15,000 copies of a standardized textbook on Islam to be used in
public schools. In December the Islamic Junta of Spain appealed to Pope Benedict XVI to
allow Muslim worshippers to pray at the Cordoba mezquita, a site of
religious significance to both Catholics and Muslims, having been built as
a mosque during the Muslim era and turned into a cathedral after Christian
monarchs captured Cordoba in 1236. The Islamic Junta asked the Vatican to
convert the mezquita into an ecumenical center where members of all faiths
could worship. On December 28, the Archbishop of Cordoba declined this
request. Societal Abuses and Discrimination Muslims continued to experience some societal prejudice. On April 18,
the Spanish Federation of Islamic Religious Entities (FEERI) and the Union
of Islamic Communities in Spain (UCIDE) criticized what they called an
increase in Islamophobia; however, a large majority of Muslims said in
public opinion polls that they felt "well integrated" or "somewhat
integrated." The comments of FEERI and UCIDE were prompted by arson attacks on the
Sibi Bel Abbas mosque, the second of two mosque bombings in the enclave
city of Ceuta in North Africa. Authorities indicated that the burning of
the Sibi Bel Abbas mosque may have been the work of radical Islamists in
Ceuta who opposed the iconic nature of worship prevalent among Maghrebi
Muslims; the two sanctuaries were both sacred burial sites of important
Maghrebi leaders. Authorities had not charged anyone in connection with
either attack by year's end, but their investigation was continuing. On November 19, unknown persons vandalized the Colon Park mosque in
Corboba, defacing it with graffiti of swastikas and other xenophobic
symbols. According to a report on the Muslim community produced by Metroscopia
for the Ministry of Interior, 31 percent of Muslim respondents said they
were completely adapted to Spanish life and customs, 49 percent were
fairly well adapted, and 19 percent said they were not well adapted. Among
respondents, 83 percent said they had not encountered any obstacles to the
practice of their religion, while 13 percent said they had. Among the
respondents, 57 percent believed Spanish society was tolerant of the
Muslim religion, while 37 percent thought there was some prejudice. According to another report on the Muslim community produced by Tais
Comunicación for the magazine 21RS, 38.7 percent of Muslims felt
completely accepted, 50 percent felt somewhat accepted, 10.3 percent felt
somewhat rejected, and 1 percent felt very rejected. However, in December the European Observatory for Racism released a
report describing the results of a June survey by the Pew Global Attitudes
Project which found that only 29 percent of respondents in the country
held a good opinion of Muslims; in response to a separate question, 83
percent of respondents associated "Muslim" with "fanaticism." In the
opinion of 58 percent of the respondents, being a devout Muslim was
incompatible with modern society, and 41 percent believed that at least
some of the country's Muslims supported Islamic extremism. In the view of
more than 80 percent of respondents, Islam did not respect women. Jewish community leaders reported that while violence against persons
in the 30,000 to 40,000 member Jewish community was rare, they were
concerned about anti Semitism expressed as vandalism against Jewish
institutions. On July 25, the building housing the Jewish Information
Center in Toledo was defaced with 12 swastikas. Synagogues in Barcelona
were vandalized at various times during the year, especially during the
July August conflict involving Israel and the terrorist organization
Hizballah in Lebanon. Also, in March 2005 Jewish synagogues in Barcelona
were defaced with anti Semitic graffiti. No suspects were arrested. Jacobo Israel Garzon, president of the Federation of Jewish Communities
in Spain, stated in a November 5 article in the International Herald
Tribune that, despite increased interest in the country's Jewish heritage,
"a new anti Semitism is developing in Spain. It uses the Israeli
Palestinian conflict as its source, but it passes very quickly from anti
Israelism to anti Semitism." The European Jewish Congress, in a report on alleged anti Semitism
during the July August conflict involving Israel and the terrorist
organization Hizballah in Lebanon, cited an article that appeared in El
Mundo linking Nazi Germany and Israel, accusing Israel of using the same
arguments made by the Nazi leaders to justify its "aggression." The
article continues, "now the victims of this period (the 1930s) have become
the executioners." In November, at a soccer game between Deportivo La Coruna and Osasune,
Osasune fans shouted anti Semitic slurs at Dudu Awate, a Deportivo player
from Israel (see section 5). The 2005 annual country report on anti Semitism by the Stephen Roth
Institute, released during the year, found that "a relatively low level of
anti Semitic activity was recorded in Spain in 2005." On April 11, Holocaust denier Pedro Varela was arrested in his
bookstore, Libreria Europa, in Barcelona. Police seized hundreds of books
denying or minimizing the Holocaust. Authorities charged Varela with
defense of genocide and incitement to racial hatred and released him
pending trial. The charges against him carried a penalty of up to five
years' imprisonment. The trial had not begun at year's end. In March 2005 Barcelona police arrested a distributor of neo Nazi
music, Jordi R.P., for distributing music that promoted the Third Reich,
anti Semitism, and called for a racial war. He was awaiting trial at
year's end. For a more detailed discussion, see the 2006 International
Religious Freedom Report. d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation The law provides for these rights, and the government generally
respected them in practice. The law prohibits forced exile, and the government did not employ
it. Protection of Refugees The law provides for the granting of asylum or refugee status in
accordance with the 1951 UN Convention relating to the Status of Refugees
and its 1967 protocol, and the government has established a system for
providing protection to refugees. The government generally provided
protection against refoulement, the return of persons to a country where
they feared persecution. The government granted refugee status or asylum.
During the year, authorities received 5,297 asylum requests. They gave
refugee status to 168 applicants during the same period and gave other
forms of protection to 188 others. The government also provided temporary protection to individuals who
may not qualify as refugees under the 1951 convention and the 1967
protocol and provided it to approximately 111 persons in 2005. The government generally cooperated with the Office of the UN High
Commissioner for Refugees and other humanitarian organizations, including
the Spanish Committee for Assistance to Refugees, in assisting refugees
and asylum seekers. The country experienced its largest recorded influx of undocumented
immigrants during the year. Among them were approximately 31,000 West
Africans who arrived on boats in the Canary Islands. The authorities
transferred approximately 20,000 immigrants from the Canary Islands to the
Iberian Peninsula, and 8,000 more resided in the islands' police stations
and refugee centers. At year's end the government had repatriated 97,715 irregular
immigrants. A July report by Amnesty International (AI) expressed concern
that the government, faced with thousands of migrants that arrived in the
Canary Islands, did not dedicate sufficient resources to identify bona
fide refugees and expressed concern that screening was inadequate. While
acknowledging that a majority of the migrants were economic, AI found that
the government had not always provided migrants with sufficient legal
information or access to interpreters. In October several NGOs, including CEAR, called on the government to
close the Center for the Internment of Aliens in Malaga, saying it
experienced a "plague of irregularities," including alleged instances of
guards trading food and other favors for sex. On July 22, a judge in
Malaga ordered three police officers detained, pending the results of an
investigation by the Ministry of Interior, for sexually abusing interned
migrants. Authorities also charged an attorney in the case, which detailed
the alleged organization of sex parties by guards at the center, and the
investigation was ongoing at year's end (see section 1.c.). Human rights observers criticized the government's deportation of non
Moroccan migrants directly to Morocco, their country of last transit, and
the government abandoned this practice during the year. During the year
the government concluded repatriation agreements with several West African
countries in order to repatriate migrants directly to their countries of
origin. In a report released in October, "The Southern Border 1995 2006:
Ten years of human rights violations," the NGO SOS Racismo asserted that
Moroccan authorities had abandoned at least 81 such migrants in the desert
along the Algerian border in 2005. The report cited 379 deportations to
Morocco that it claimed violated European law against deporting persons to
a country where their lives may be in danger. The government provided funding and material assistance to help
Moroccan and Mauritanian authorities improve their border security and
their treatment of migrant populations. Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government The constitution provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through regularly occurring, free, and fair elections held on the basis of
universal suffrage. Elections and Political Participation In 2004 Jose Luis Rodriguez Zapatero of the Socialist Party became
president in a free and fair national election. Governmental power was
shared between the central government and 17 regional governments.
Linguistic and cultural minorities had representation in, and participated
in, both local and national political parties. There were 125 women in the 350 seat Congress of Deputies (lower house)
and 61 women in the 259 seat Senate (upper house). There were eight women
in the 16 member Council of Ministers. The government did not keep statistics on the ethnic composition of the
parliament, but linguistic and cultural minorities appeared to be well
represented. The Catalan parliament included a member of Moroccan origin.
There were Muslim political parties in the city enclaves of Ceuta and
Melilla in North Africa. Roma had little representation in government.
During the year the government appointed the first Roma to a high level
position, as an advisor in the Women's Institute. Government Corruption and Transparency There were several reports of government corruption during the year,
primarily in local government. Many of the cases dealt with bribery of
local officials by construction companies seeking to win favorable
rezoning and construction contracts. In March, in one particularly serious
incident, the national anticorruption attorney's office investigated and
charged the mayor and much of the local government of Marbella with
corruption and financial crimes. As the year progressed, details continued
to come out of alleged extensive corruption in the Marbella government,
including real estate graft, bribery, and embezzlement, which left the
government several hundred million dollars in debt. By year's end
authorities had arrested more than 60 individuals connected to the scandal
and the investigation was ongoing. The former chief of police of Marbella
was arrested in December and accused of illegally selling over 400 stolen
vehicles at a police auction. The suspected ringleader of the corruption,
Juan Antonio Roca, was arrested in March and remained in custody at year's
end. The law mandates public access to government information, and the
government generally provided it. Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights A wide variety of domestic and international human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials were
generally cooperative and responsive to their views. The law provides for an ombudsman, called the "people's defender,"
whose duties included investigating complaints of human rights abuses by
authorities. The ombudsman operates independently of any party or
government ministry, is elected every five years by a three fifths
majority of the Congress of Deputies, and is immune from prosecution. The
ombudsman has complete access to government institutions and to all
documents other than those classified for national security reasons.
Although his recommendations to government agencies were advisory, the
ombudsman could refer cases to the courts on his own authority. Government
agencies were generally responsive to the ombudsman's recommendations.
Several autonomous communities had their own ombudsmen, and there were
ombudsmen dedicated to the rights of specific groups, such as women,
children, and persons with disabilities. The ombudsmen made hundreds of
official recommendations during the year. Section 5 Discrimination, Societal Abuses, and Trafficking in
Persons The law prohibits discrimination based on race, gender, disability,
language, or social status, and the government generally enforced it
effectively; however, domestic violence, trafficking in persons, and
discrimination against ethnic minorities and immigrants were problems.
Women The law prohibits violence against women, but domestic violence against
women was widely acknowledged to be a societal problem. Despite the
implementation of the 2005 Integral Law against Gender Violence, which
toughened penalties on gender violence and increased the number of police
officers and courts dedicated to gender violence, the government reported
that current or former husbands or partners killed 68 women during the
year, an increase from 60 in 2005. According to a study released in
December by the Ministry of Labor and Social Affairs, more than 600,000
women over the age of 18 (3.6 percent) were victims of gender based abuse
during the year. Through November women filed 57,454 complaints of abuse
against their husbands, male partners, or ex partners, 4.2 percent more
than during the same period in 2005. The law provides prison sentences of six months to a year for domestic
violence, threats, or violations of restraining orders, with longer
sentences in the event of serious injuries. During the year special gender
courts received 148,448 complaints of domestic violence and issued 16,036
convictions. In the 12 months ending in June, gender courts tried 40,700
cases of gender violence with a conviction rate of 71.9 percent. In their
first year of existence, the special courts issued 27,366 restraining
orders against men. Over 50 offices provided legal assistance to victims of domestic
violence, and there were approximately 225 shelters for battered women. A
24 hour free national hotline advised battered women on where to find
local assistance or shelter. In addition the security services
strengthened their support for battered women. In December 2005 there were
1,102 specialized police officers who focused on protection of victims. At
year's end that number had increased to 1,392. In March the government created the State Observatory for Violence
Against Women to gather information on the problem, issue annual reports
evaluating the efficiency of existing measures, and propose new ones if
necessary. A June AI report entitled More Rights, the Same Obstacles found that
the implementation of the government's domestic violence law was uneven
regions outside the capital generally provided fewer resources for
battered women. The law prohibits rape, including spousal rape, and the government
effectively enforced it. The government reported 6,382 cases of sexual
assault, harassment, and aggression through November. In Catalonia the law requires that a doctor examine immigrants
considered to be in danger of female genital mutilation (FGM) when they
travel to and from their countries of origin. Parents whose children are
determined to have been subjected to this practice risked losing custody
of these children. In practice there were no medical examinations of
immigrants, because there was no suspicion that FGM took place.
Authorities and doctors warn immigrant parents of situations when they
suspect something like this could occur. Prostitution is not illegal, but forcing others into prostitution and
organizing prostitution rings are crimes, and it is illegal for anyone to
profit from the prostitution of another. Prostitution was reported to be a
problem. Local governments, notably those of Madrid and Barcelona,
continued efforts to discourage prostitution. During the year the Madrid
city government focused its efforts on reducing demand by targeting
potential sex solicitors with posters claiming, "because you pay,
prostitution exists." The Madrid city government hosted a conference in
November on "Human Rights and Prostitution" to build momentum to fight
demand of the commercial sex trade. Other efforts to combat prostitution
included advertising campaigns discouraging prostitution, restrictions on
prostitution near schools, and police actions such as road closings to
deter clients from seeking prostitutes. In April the joint Senate Congress
Commission for Women's Rights approved the creation of a study group to
analyze voluntary prostitution and how to approach the problem. The
commission had not delivered its findings at year's end. Trafficking in women for the purpose of sexual exploitation was a
problem (see section 5, Trafficking). The law prohibits sexual harassment in the workplace; however, such
harassment was reported to be a problem. According to a study released in
April by the Women's Institute, a division of the Ministry of Labor and
Social Affairs, 14.9 percent of women experienced some kind of sexual
harassment during 2005, although only 9.9 percent identified themselves as
victims of such harassment. The study found that four percent of women had
suffered a serious incident of harassment and 2.2 percent had suffered a
very serious incident. The institute reported 390 complaints of sexual
harassment from January through November. Under the law women enjoy the same rights as men, including rights
under family law, property law, and in the judicial system. The Women's
Institute worked to ensure the legal rights of women, combat economic
discrimination, and integrate women into the mainstream of society and the
economy. Discriminatory wage differentials continued to exist, and women
held fewer senior management positions than men. Children The government was strongly committed to children's rights and
welfare. Education is compulsory until age 16 and free until age 18. There were
no apparent differences in the treatment of girls and boys in education.
According to UN Economic and Social Organization statistics for 2002 and
2003, 100 percent of primary school aged children and 96 percent of
secondary school aged children were in school. Access to the national health care system was equal for girls and
boys. The Ministry of Health and the Ministry of Labor and Social Affairs
were responsible for the welfare of children. Several regional governments
had an office of the children's defender, an ombudsman charged with
defending children's rights. In June the Congress of Deputies approved a revision of the law to
establish tougher penalties for youth aged 14 to 17. The new law also
permits underage witnesses and victims of crimes to testify via
videoconference without having a visual confrontation with the
defendant. There were isolated reports of child abuse. Child prostitution occurred. Trafficking in teenage girls for the purpose of sexual exploitation was
a problem (see section 5, Trafficking). Trafficking in Persons The law prohibits trafficking in persons; however, there were reports
that persons were trafficked to and through the country. The country was both a destination and transit point for persons
trafficked for the purpose of sexual exploitation (most frequently
involving forced prostitution and work in nude dancing clubs) and, to a
lesser degree, forced labor (primarily in agriculture, construction, and
domestic employment) (see section 6.d.). Trafficked women were usually 18
to 30 years of age, but some girls were as young as 16. Women were
trafficked primarily from Latin America (Colombia and Ecuador), East
European countries (Romania and Bulgaria), sub Saharan Africa (Nigeria,
Guinea, and Sierra Leone), and, to a lesser extent, North Africa. Asians,
including Chinese, were trafficked to a much lesser degree and more often
for labor rather than for sexual exploitation. The traffickers were generally organized criminals based in the source
countries. Methods used by traffickers to maintain control of their victims
included physical abuse, forced use of drugs, withholding of travel
documents, and threats to the victim's family. NGOs reported an increase
in instances when traffickers allowed their victims to keep a portion of
the money they earned through prostitution in order to dampen the victims'
desire to escape the trafficking network. In the case of women from
Eastern Europe, severe violence and threats were the method most often
employed by traffickers. Traffickers lured some victims from other regions
with false promises of employment in service industries and agriculture
but then forced them into prostitution upon their arrival. The media
reported that criminal networks often lured their victims by using travel
agencies and newspaper advertisements in their home countries that
promised assured employment in Spain. In the case of Romanian organized
networks, women were typically forced into prostitution and 90 percent of
their earnings went to the criminal network. Men were often trafficked for
employment in low paying construction jobs. Clandestine clothing
production and sales, and work in restaurants were typical employment for
illegal Asian immigrants, who came to the country with false documents
through trafficking networks. The law prohibits trafficking in persons for labor and sexual
exploitation. Penalties ranged from five to 10 years' imprisonment. The
law also prohibits the exploitation of prostitutes through coercion or
fraud and the exploitation of workers in general, with penalties ranging
from five to 10 years' imprisonment. During 2005, 1,686 persons were
convicted of crimes related to trafficking in persons for labor and sexual
exploitation. From January through May, police dismantled 160 trafficking
networks and arrested 889 persons for this activity, freeing 1,337
victims. In November the National Police and Civil Guard disrupted a trafficking
operation that was exploiting foreigners for manual labor. On November 13,
police intercepted a cargo van driven by a Romanian citizen with 18
illegal migrants crowded into the cargo area. The migrants were believed
to be destined for a citrus orchard in Huelva. Authorities arrested the
Romanian driver of the van, the Spanish owner of the farm, and a Bulgarian
fixer. The workers were to receive approximately $26 (20 euros) a day with
no labor contract. During the year there was a considerable increase of trafficking to
Catalonia of women from Romania, Bulgaria, Albania and from such African
countries as Senegal and Mauritania. There were reports that approximately
1,500 women arrived from Romania by bus with fake documents and tourist
visas. The Ministry of Interior coordinates antitrafficking efforts and
received support in its efforts from the Office of the President, the
Ministry of Labor and Social Services, the Ministry of Justice, and the
Ministry of Education. The national police has a special unit, the
Immigration Networks and Falsified Documents Unit (UCRIF), which covers
trafficking in persons. The UCRIF intelligence unit analyzed statistical
data and trends, while coordinating efforts and sharing data with the
civil guard and Interpol. Regional national police offices conducted
quarterly reviews to set goals in combating trafficking and to assess
success in meeting previous quarter goals. During the year 200 police and
civil guard officers worked exclusively to combat trafficking of women and
children. The law permits trafficking victims to remain in the country if they
agree to testify against the perpetrators. After legal proceedings
conclude, victims are given the option of remaining in the country or
returning to their countries of origin. Victims were encouraged to help
police investigate trafficking cases and to testify against traffickers.
There was no fixed period of time for victims to recover and reflect, in a
safe environment, before being required to decide whether to cooperate
with police investigation and prosecution of their traffickers. The government worked with, and funded, NGOs that provided assistance
to trafficking victims. In addition regional and local governments
provided assistance either directly or through NGOs. Representatives of
the government's violence education programs for female victims and an NGO
partner on trafficking reported that 89 percent of the victims they
assisted pressed criminal charges. The government contracted with Project Hope, an international order of
nuns whose domestic branch focused solely on abused women, to provide
protection, housing, and counseling to victims of trafficking or other
abuse. Project Hope operated shelters in Madrid, provided assistance with
medical and legal services, and acted as liaison with law enforcement for
victims who chose to testify against traffickers. Project Hope received
many referrals directly from police. The Catalonian regional and municipal
government contracted with Caritas for the same services. Since March 2004 the Madrid city government has enforced its
antiprostitution and antitrafficking campaigns by increasing the presence
of police in targeted zones and by publicity designed to reduce the demand
for commercial sex services (see section 5, Women). The government established an antitrafficking working group during the
year under the auspices of the vice president. The task force tasked the
interior, justice, labor, and foreign affairs ministries with
responsibilities leading to the production of a national action plan to
combat trafficking in persons. The plan was not released by year's end.
Persons with Disabilities The law prohibits discrimination against persons with disabilities in
employment, education, access to health care, and in the provision of
other state services, and the government effectively enforced these
provisions. A report by the Spanish Committee of Representatives of
Handicapped Persons indicated that 64 percent of persons with disabilities
felt discrimination against at some time in their lives. The law mandates access to buildings for persons with disabilities, and
the government generally enforced these provisions in practice; however,
levels of assistance and accessibility differed among regions. The
Ministry of Labor and Social Affairs has the responsibility of protecting
the rights of persons with disabilities. National/Racial/Ethnic Minorities There were instances of societal violence and discrimination against
members of racial minorities, and the government undertook efforts to
combat them. A report issued on February 21 by the ECRI, while recognizing
the government's efforts to combat these problems, encouraged more
frequent use of provisions in the law that treat racism as an aggravating
factor (i.e. hate crime) to impose tougher sentences. SOS Racismo also
encouraged this course of action. Neo Nazis and skinheads harassed immigrants as well as racial and other
minorities during the year. Although noting that the country did not have
a far right political party with electoral possibilities, the NGO SOS
Racismo, in its annual report issued April 24, indicated that "violent
actions of explicit racism" by ultrarightists, continued to occur and that
far right groups were appealing to greater numbers of youth, making use of
the Internet to spread their beliefs. SOS Racismo denounced alleged abuses
against immigrants by some Catalan police officials (see section
1.c.). On September 3, in the Sabadell area of Catalonia, approximately 15
persons allegedly assaulted a Gambian citizen, Bakari D., in the street,
breaking his ribs and puncturing his lung. His girlfriend, who witnessed
the attack, said the assailants were shouting racial insults at the man
during the assault. Catalonian police were investigating the incident and
had not pronounced it a hate crime at year's end. In 2005 police detained approximately 126 neo Nazis throughout the
country, principally in Catalonia, Madrid, and Aragon. Public opinion polls revealed that some citizens had negative
stereotypes regarding minorities, including immigrants, who came primarily
from Latin America, Morocco, and Eastern Europe and also from West Africa.
On October 9, in a speech about immigration, Madrid city council member
Pedro Calvo said that foreigners coming from South America acted violently
"because the value placed on life there is less." The human rights groups
SOS Racismo and the Commission for the Protection of Refugees (CEAR)
characterized the statement as xenophobic. The Socialist Party called for
Calvo's resignation, but the conservative Popular Party declined to
discipline Calvo. According to a July 12 report of the national NGO Fundacion
Secretariado Gitano (FSG) Roma continued to face marginalization and
discrimination in access to employment, housing, and education. The FSG
cited 137 credible complaints of racial discrimination against Roma in
2005, including racially threatening graffiti and discrimination in
employment, social services, education, and the purchase of real estate.
The FSG welcomed the April 2005 royal decree establishing the State
Council of the Romani People and a July 2005 law that outlawed
discrimination in classrooms; however, the report cited public opinion
polls indicating that one in four of the country's inhabitants did not
want their children to take classes with Romani children. It also
indicated that more than 40 percent of inhabitants expressed discomfort at
having Romani neighbors. The Romani community, whose size was estimated by
NGOs at several hundred thousand, experienced substantially higher rates
of poverty and illiteracy than the general population. Roma also had
higher rates of unemployment and underemployment. The central and local
governments provided assistance to several NGOs that were dedicated to
improving the condition of Roma. On November 7, the FSG criticized a city councilman in Denia who
attributed a recent crime wave in the town to the Roma population and
called for their expulsion. In June 2005 the Ministry of Education and Culture and the FSG signed a
cooperative agreement that focused on improving the school attendance of
Romani children and education for adults. In September the FSG announced
the results of a study indicating that up to 80 percent of Romani children
were not finishing their required secondary education. During the year the national ombudsman received approximately 50
complaints related to alleged discrimination in Catalonia, where both
Castilian and Catalan are official languages, against the teaching of the
Castilian language. During the year the Catalan ombudsman received 10
complaints related to discrimination against the teaching or use of the
Castilian language and 33 complaints about the failure to use the Catalan
language in Catalan official institutions (these complaints were from
persons who wished to be served in Catalan but were served in Castilian),
although the law requires that civil servants dealing with the public be
able to speak both languages. Critics on one side asserted that limiting
education in Castilian reduced opportunities for Catalans who wish to live
or work outside Catalonia or who simply wish to speak Castilian, and
circumscribed the opportunities of Castilian speakers in Catalonia.
Others, however, insist on their right to be served in the Catalan
language. Section 6 Worker Rights a. The Right of Association The law allows workers, except those in the military services, judges,
magistrates, and prosecutors, to form and to join unions of their choice
without previous authorization or excessive requirements, and workers did
so in practice. Approximately 15 percent of the workforce was unionized.
The law prohibits discrimination by employers against trade union members
and organizers; however, unions contended that employers practiced
discrimination in many cases by refusing to renew the temporary contracts
of workers engaging in union organizing. b. The Right to Organize and Bargain Collectively The law allows unions to conduct their activities without interference,
and the government protected this right in practice. The law provides for
collective bargaining, including for all workers in the public sector
except military personnel, and it was freely practiced. Public sector
collective bargaining includes salaries and employment levels, but the
government retained the right to set these if negotiations failed.
Collective bargaining agreements were widespread in both the public and
private sectors; in the latter they covered 85 to 90 percent of workers.
The law provides for the right to strike and workers exercised this right
by conducting legal strikes. A strike in nonessential services was legal
if the union gave five days notice. Any striking union must respect
minimum service requirements negotiated with the respective employer. There are no special laws or exemptions from regular labor laws in the
three special economic zones in the Canary Islands, Ceuta, and
Melilla. c. Prohibition of Forced or Compulsory Labor The law prohibits forced or compulsory labor, including by children;
however, there were reports that such practices occurred (see section
5). d. Prohibition of Child Labor and Minimum Age for Employment There are laws and policies to protect children from exploitation in
the workplace. Child labor was generally not a problem. The statutory
minimum age for the employment of children is 16. The law also prohibits
the employment of persons under the age of 18 at night, for overtime work,
or in sectors considered hazardous. The primary responsibility for
enforcement lies with the Ministry of Labor and Social Affairs, and the
minimum age was enforced effectively in major industries and in the
service sector. It was more difficult to enforce the law on small farms
and in family owned businesses, where some child labor persisted.
Legislation prohibiting child labor was enforced effectively in the
special economic zones. e. Acceptable Conditions of Work The minimum wage was approximately $707 (540 euros) per month, which
generally provided a decent standard of living for a worker and family;
however, this was not the case in all areas of the country. The Ministry
of Labor and Social Affairs effectively enforced the minimum wage. The law provides for a 40 hour workweek, with an unbroken rest period
of 36 hours after each 40 hours worked. By law overtime is restricted to
80 hours per year unless collective bargaining established a different
level. Premium pay is required for overtime, up to a maximum of 80 hours
per year. The National Institute of Safety and Health in the Ministry of Labor
and Social Affairs has technical responsibility for developing labor
standards, but the inspectorate of labor had responsibility for enforcing
the law through inspections and judicial action when infractions were
found. Unions criticized the government for devoting insufficient
resources to inspection and enforcement. Workers have the right to remove
themselves from situations that endangered health or safety without
jeopardy to their employment, and authorities effectively enforced this
right; however, employees with short term labor contracts may not
understand they have such protections. |