Definitive Report - Report No 168, November 1977

Case No 848 (Spain) - Complaint date: 24-MAY-76 - Closed

1. 163. The Committee already examined this case in February 1977 when it presented to the Governing Body an interim report contained in paragraphs 78-86 of its 164th Report. This report was approved by the Governing Body at its 202nd Session (March 1977).
2. 164. Spain has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 165. According to the allegations remaining outstanding, Maria Amparo Arango, Vice-President of the Union of Workers and Technicians (paper industry) at Leiza (Navarre) had been tortured. The Government had stated that an inquiry was under way to determine the facts and eventually the responsibilities.
2. 166. In its 164th Report, the Committee had pointed out the importance of carrying out an inquiry into the facts, in order to establish responsibilities, and of taking appropriate action, in particular to give precise instructions and apply effective sanctions so as to ensure that no detainee is subjected to vexations. The Committee noted that an inquiry was being held into the alleged ill-treatment. In these circumstances, the Governing Body, on the recommendation of the Committee, had requested the Government to communicate the results of this inquiry.
3. 167. In a letter dated 16 May 1977, the Government states that the judicial procedure that was followed concerning this matter led to the sentencing of three members of the armed forces to two months and one day of military internment with consequent loss of seniority.

B. B. The Committee's conclusions

1. 168. In general, the Committee, which is concerned by cases of violence against individuals, considers that exemplary penalties should be imposed on persons found guilty of such acts, in order to put an end to their commission. In addition, sanctions should be accompanied by precise instructions so as to ensure greater vigilance on the part of those concerned.

169. The Committee recommends the Governing Body to take note of the information supplied by the Government and, more generally, to emphasise the considerations set forth in the foregoing paragraph.