Martin Scheinin, the UN Special Rapporteur on the promotion and protection of human rights and basic civil liberties while countering terrorism, visited Spain last week to conduct a review of the Spanish state’s anti-terrorism policies. Presenting his initial conclusions, Scheinin suggested that the definition of terrorism in the Penal Code should be clarified because it carries the risk of a “slippery slope”, with non-terrorist acts being considered as terrorism. Scheinin referred specifically to the notion of “collaboration” in articles 576 and 577 of the Penal Code, and called for the Spanish Government to begin an independent review of these definitions.

In relation to detainees suspected of terrorism, Scheinin recommended the “complete eradication” of incommunicado detention, which judges can still apply to suspected terrorists. As the Gara newspaper points out, however, the UN Special Rapporteur on torture made the same recommendation on a visit in 2003.

Scheinin also expressed his “concern” over the fact that allegations of torture made by terrorist suspects “do not systematically result in rapid and thorough independent investigations” and that this situation “delegitimizes” the Spanish Government’s anti-terrorism policies.

Lastly, the UN Special Rapporteur also said that the fact that terrorism cases are only heard in the Audiencia Nacional constitutes a “structural deficiency”, since it deprives accused persons of the right to have their conviction and sentence reviewed by a higher court. Scheinin has therefore recommended the Spanish Government transfer jurisdiction for terrorist crimes to the ordinary courts.

Martin Scheinin conducted visits to Madrid and the Basque Country, meeting representatives of the Spanish and Basque Governments, as well as lawyers, academics, victims of terrorism, and non-governmental organizations. More detailed conclusions will be published at a later date. 

Further information:

• Statement issued by Martin Scheinin, highlighting his preliminary findings
• Gara: Scheinin insta a derogar el régimen de incomunicación a los detenidos
  
• Europa Press: Un relator de la ONU pide que los delitos de terrorismo no sean competencia única de la Audiencia Nacional