AI and Torture

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Amnesty International annual report and visit to the Spanish state

“I am concerned about the tendency to torture detainees in relation to ETA”

Irene Khan, the president of Amnesty International, recently visited the Spanish state, where she made statements like the one above, which make it quite clear that this organisation does not believe torture has been eradicated in the Spanish state. Both in reference to the annual report and during her visit to the Spanish and Gasteiz parliaments, Khan expressed her concern about the situation of Human Rights in the Spanish state.

Annual report

AI presented their annual report where they include a number of matters for concern. Under the telling headline, “Crisis in the Basque Country” AI lists several incidents that question whether freedom of speech and reunion are a reality in the Basque Country, including the closure of newspapers, banning of political parties, etc. They expressed their concern about the closure of newspapers, as “this very serious measure happens in other countries such as Zimbabwe and Russia”.

AI also referred to the many torture complaints received, especially those made by the staff members of the closed newspaper “Egunkaria”, and stated “the best way to protect the state from false claims is to provide greater guarantees”, and expressed their fears that the reaction by the government, which insists upon denying the existence of torture, “may create a climate of impunity whereby detainees and prisoners are afraid to denounce acts of torture and ill treatment”. They criticised the fact that there have been no moves forward on the issue of torture and remembered the recommendations made by the international organisation CPT, which include putting an end to incommunicado detention and detainees’ right to have contact with a doctor and lawyer of their choice. They also underlined the fact that the government, rather than abolishing incommunicado detention, has actually prolonged its duration.

Visit to the parliament in Gasteiz

The president of AI, Irene Khan, travelled to the Basque Country a few days after presenting the annual report and met with the Regional Parliament Human Rights Commission. There she expressed her concern, saying that “although torture is not systematic, it occurs often enough for authorities to have to take it as a serious problem” and any person’s right to protection from “any abuse of power by either the Basque government or the Spanish one”. The three-party alliance made up of PNV, EA and IU praised Khan’s statements, despite the fact that shortly before, they had voted in parliament to prevent the Ertzaintza having to implement the recommendations made by the UN Special Rapporteur on the Issue of Torture, which include ending the use of incommunicado detention. As to the period of incommunicado detention, Khan stated it “generates an environment that favours torture, or at any rate, increases the possibilities of torture happening and we have established this”. Finally, she stated that “eradicating torture is a matter of political will”.

Criticism of the Spanish government

The new Spanish Minister of the Interior (Home Office Secretary), López Aguilar, declared that “torture complaints are always false, not in most cases; in one hundred percent of the cases” in the presence of Irene Khan, and she answered by saying that “denial feeds the cycle of torture”. During the press conference where she explained the results of her visit, the AI representative stated that “credibility in human rights issues abroad will depend on how the issues are dealt with at home. There should be no imbalances between what is said abroad and what is done at home”. With regard to López Aguilar’s statements she said that “AI, the UN and the Committee for the Prevention of Torture have all documented serious claims again and again”.

TAT, the Basque organisation against torture also expressed their indignation about the Minister’s statements. According to TAT, “the statements are a clear message to the torturers: carry on regardless, we are here to cover up for you”. They remembered how those in government have always denied the existence of torture and tried to discredit those who have been brave enough to denounce it. They gave examples of people who have denounced having been victims of this terrible practice have been tried, whilst those charged with torture were promoted or given pardons.

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