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TITLE:  SPAIN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             SPAIN


Spain is a democracy with a constitutional monarch.  The
Parliament consists of two chambers, the Congress of Deputies
and the Senate.

The security forces are controlled by the Government;
allegations of human rights abuse are generally investigated,
and individuals found guilty are punished by law.  Spanish
security services also maintain anticorruption brigades which
investigate allegations of governmental fraud or dishonesty.
Since 1989 there has been a Special Advisor for Human Rights in
the Ministry of Justice and Interior, charged with promoting
humanitarian law and training senior members of law enforcement
groups in human rights issues.  Years-old charges of police
abuse of detainees were still being investigated at year's end.

The economy is market-based, with primary reliance on private
initiative, although there remain a number of public-sector
enterprises in key areas.  The economy has been in recession
since 1992, but it grew by an estimated 1.7 percent in 1994.
While the unemployment rate improved, at year's end official
data indicated it remained well over 20 percent.  Actual
unemployment is lower than these data indicate, due to  the
extensive underground economy.  Nonetheless, the rate is
problematically high.  The main causes of this are the entry of
large numbers of people into the labor force
(disproportionately affecting women and youth) and some labor
laws that tend to impede job creation.  Parliament in 1994
enacted a labor reform package to help create jobs.

The Constitution provides for the fundamental rights of freedom
of speech, assembly, press, religion, movement, and suffrage,
and the Government respects these provisions.  The Basque
Fatherland and Freedom Separatist Group (ETA) continued its
longstanding terrorist campaign, committing killings and other
abuses.  The Government's efforts to bring terrorists to
justice were marred by detainees' accusations of
ill-treatment.  In September 1993 two suspected ETA
collaborators died while in police custody; the Government has
not yet released the results of its investigation.  A prisoner
died under disputed circumstances while in solitary
confinement.  Other human rights problems included persistent
de facto discrimination against Roma, reports of police
mistreatment of detainees, and maladministration of Spain's
judicial system as it copes with a huge backlog of cases (of
all kinds of crime) and a severe shortage of justices.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
          Freedom from:

    a.  Political and Other Extrajudicial Killing

There were no known political killings by government forces,
but the September 1993 incident in which two suspected ETA
collaborators died while in police custody was still under
investigation at the end of 1994, and in February a prisoner
was found dead in a solitary-confinement cell.

Regarding the 1993 incident, one death was due to cardiac
arrest, and the other to a fall from a second-story window.
The Prime Minister pledged the Government would carry out an
investigation, with total "transparency," until both deaths
were fully explained.  A prominent nongovernmental human rights
organization launched its own investigation.

The Government considers the February prison "suicide" case
closed.  While medical evidence indicates the prisoner's death
was the result of severe trauma to the head, there is no
conclusive evidence as to whether this was caused by a severe
beating by guards (as inmates allege) or by self-inflicted
injuries (as authorities claim, saying he had a history of
mental illness and self-beating).  Local human rights
organizations are divided on this question.

In July a former Civil Guard member and three other defendants
charged with the 1992 race-motivated killing of a female
Dominican illegal immigrant were convicted of the
much-publicized crime.  The ex-Guard member was sentenced to
life imprisonment (see Section 5).

A detailed investigation by the judiciary completely
exculpated  the police in the case of an American citizen who
died in 1992 after fleeing police in the Canary Islands; the
family of the deceased, and their legal representative,
accepted this outcome.

To avoid a possibly negative ruling by the European Court of
Human Rights, in March the Government agreed to settle out of
court a 1982 case involving a youth who was killed while in
police custody in the Canary Islands.  The European Commission
of Human Rights ruled in favor of Spain against the charges of
torture, and that there was no violation of the right to life.
But it concluded that the father of the victim had been denied
due process in seeking justice for the death of his son; the
Government awarded him $47,000 (6 million pesetas).

There continued to be frequent terrorist incidents.  During the
first 10 months (latest data), 14 attacks attributed to the ETA
resulted in 15 deaths and 39 injuries.  As usual, the majority
of those killed were members of security forces.  However, in
May the ETA planted bombs on beaches near San Sebastian, and
the resulting explosions maimed three persons.  The ETA carried
out beatings and killings of suspected drug dealers and others
it deemed "enemies of the Basque people"; at least three people
are believed to have been killed for this reason during the
year.  Other actions by the ETA and its affiliates caused
property damage in the Basque region.

In September a lawyer for Castilian-speakers opposing
Catalonia's Law of Language Normalization (see Section 5)
received a letter-bomb that failed to detonate.  No one claimed
responsibility, and there have been no arrests.

    b.  Disappearance

There were no reports of disappearance.  The Basque
industrialist whom the ETA kidnaped in 1993 was released later
that year; authorities have not been able to determine whether
any ransom was paid.  (The Government forbids payment of ransom
by families of kidnap victims, and in some cases it has frozen
the family's assets.)

    c.  Torture and Other Cruel, Inhuman, or Degrading
        Treatment or Punishment

The law prohibits such acts.  Spain is a signatory to the U.N.
Convention against Torture.  Nonetheless, detainees charged
with terrorism invariably assert they have been abused during
detention, and similar charges are sometimes made by other
detainees.  In July a high-level investigation into the alleged
abuse of six recently captured terrorists concluded that the
claims were unfounded.  ETA members in Uruguay unsuccessfully
based their arguments against extradition on grounds they
feared mistreatment in Spain.

Nonetheless, documented cases of abuses do exist.  Individuals,
nongovernmental organizations, and the media frequently have
accused the Civil Guard of unprovoked brutality, particularly
in the Basque region.  The Spanish Association Against Torture
asserted that the number of complaints of police brutality
increased by 40 percent from 1992 to 1993.  In November it
asked the Minister of Justice and Interior to review the status
of 335 security personnel who have been officially implicated
in torture or abuse.  The U.N. Human Rights Commission reported
in February that there are eight unresolved cases of
individuals abused while in custody during 1992-93.  In
November the U.N. Committee Against Torture agreed for the
first time to review a case alleging mistreatment by Spanish
security forces; an ETA terrorist sentenced to over 2,000 years
in prison claimed he was tortured during his 1990
interrogation.  In the military, various complaints of
mistreatment of recruits surfaced in 1994, some of which led to
prosecutions of military officers.

In December 1993 the Supreme Court overturned the appeals of
five former members of the Civil Guard convicted in 1990 of
torturing the father of a suspected ETA member in 1981.  The
perpetrators received 6-month prison terms and 7 years on
probation.  Others implicated in the crime or its coverup
received probation or reprimands.

In March a court sentenced five national police officers to
5 1/2 months in prison and 48 years on probation for torture
and illegal detention of seven transients in 1982 and for
perjury.

In July the Supreme Court overruled a lower court's decision
that the statute of limitations had run out for charges against
five policemen for torture in a 1982 incident.  (One defendant
had been convicted earlier of a different torture charge, yet
was able to keep his job during the years of litigation on the
1982 incident, and was even promoted to commander.)  All are
now serving sentences.

In November two Civil Guard officers were convicted of
torturing two female ETA suspects in 1984; the offenders were
sentenced to 6 months in jail and 26 years on probation.  Also
in November, a Basque tribunal convicted three other officers
of police brutality in a retrial (ordered by the Supreme Court)
of a 1982 case in which the three had been found not guilty;
each was sentenced to 2 months in jail and 2 months on
suspension.

    d.  Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest and detention, and
the authorities respect this provision.  A suspect normally may
not be held more than 72 hours without a hearing.  The Penal
Code permits holding a suspected terrorist 2 more days without
a hearing.  An asylum law passed in May permits the petitioner
to be detained at the port of entry for up to 4 days without a
hearing, but at year's end the legality of the law was under
review by the courts (see Section 2.d.).  Exile is not
practiced.

    e.  Denial of Fair Public Trial

The Constitution provides for an independent judiciary and the
right to a fair public trial.  This right is observed in
practice.  The judicial structure comprises territorial,
provincial, regional, and municipal courts, with the Supreme
Court at its apex.  A Constitutional Court protects
constitutional rights, but there is no clear distinction
between its jurisdiction and that of the Supreme Court on some
issues, nor is it clear which has ultimate authority.  The
European Court of Human Rights is the final arbiter in cases
concerning human rights.

A severe backlog of pending cases--some 40,000 of all kinds
(not only human rights)--and an acute shortage of judges have
made plain the need to overhaul the judicial system.  In
September the Government submitted to Parliament bills covering
judicial reform and establishment of a jury system.

Defendants have the right to be represented by an attorney (at
state expense for the indigent).  They routinely are released
on bail unless the court has reason to believe the suspect may
flee or be a threat to public safety.  The law calls for an
expeditious judicial hearing following arrest.  Suspects may
not be confined for more than 2 years before being brought to
trial, unless a further delay is authorized by a judge, who may
extend pretrial custody to 6 years.  In practice, pretrial
custody generally is less than a year.  In cases of petty
crime, suspects released on bail sometimes wait as long as 5
years for trial.  As of July, 12,780 people were in jail
awaiting trial--over one-fourth of the entire prison
population, although this is down from 38 percent in 1990.
Following conviction, defendants may appeal to the next higher
court.

Human rights groups and members of the press complain that
accused human rights offenders have avoided penalization by
prolonging the appeals process, and that sentences for
convicted abusers are unduly light.  (Both kinds of complaints
are borne out by the 1994 court actions reported above in
Section 1.c.)

    f.  Arbitrary Interference With Privacy, Family, Home, or
         Correspondence

The Constitution protects the privacy of the home and
correspondence.  Under the Criminal Code, government
authorities must obtain court approval before searching private
property, wiretapping, or interfering with private
correspondence.  The antiterrorist law authorizes the Minister
of the Interior to act prior to obtaining court approval "in
cases of emergency."   There have been no complaints of abuse
of this authority.

The Congress of Deputies passed legislation in 1992 broadening
police authority to makes searches and detentions without a
court order, mostly in antinarcotics operations, but in 1993
this law was ruled unconstitutional.  During the 20 months it
was in force, this law led to 340 raids and 940 arrests.  Many
damage claims have been filed against the Government.

Section 2  Respect for Civil Liberties, Including:

    a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and the press,
and the Government respects these provisions.  Opposition
viewpoints, from political parties and other organizations, are
freely aired and widely reflected in the media.

    b.  Freedom of Peaceful Assembly and Association

Under the Constitution, all groups have the right of free
assembly and association for political or other purposes. This
right is fully respected and freely practiced.

    c.  Freedom of Religion

The Constitution provides for freedom of religion, and the
Government respects this in practice.  Roman Catholicism is the
predominant religion, and its institutions receive official
funding.  Protestant and Jewish leaders have refused the
Government's offer of financial support.

    d.  Freedom of Movement Within the Country, Foreign
        Travel, Emigration, and Repatriation

Citizens are free to travel within and outside the country, to
emigrate, and to repatriate.  The law on aliens permits
detention for up to 40 days prior to deportation, but specifies
it must not take place in a prison-like setting.  Generally,
the Government grants refugee status on the recommendation of
the U.N. High Commissioner for Refugees (UNHCR).

Suspecting that economic refugees are clogging the system with
spurious requests for asylum, the Parliament passed a new law
on asylum which took effect in September.  This gives the
Ministry of Justice and Interior more powers to handle asylum
cases, but mandates that they be referred to the UNHCR for
appeal.  Asylum requests may be made only at the port of entry,
where the applicant can be held for up to 4 days without
judicial intervention.  Time allowed to process the application
can prolong the initial detention to 7 days.  The new law also
allows the applicant to stay in detention until the case is
resolved; 1993 cases took 3 months on average.  No provisions
are made for detainees to have access to translators or
lawyers.  Enforcement of the new law has been held up pending a
court ruling on its constitutionality.

Section 3  Respect for Political Rights:  the Right of Citizens
          to Change Their Government

Spain is a multiparty democracy with open elections in which
all citizens 18 years of age and over have the right to vote in
secret ballot for Parliament as well as for provincial and
local bodies.  At all levels of government, elections are held
at least every 4 years.

Governmental power is shared between the central Government and
17 regional "autonomous communities," which are similar to U.S.
states in function.  The Basque and Catalan regions are
governed by regional parties that reflect the desires of many
there to give political expression to their linguistic and
cultural identities.  These parties provide democratic
alternatives to separatist groups which advocate achieving
independence through terrorist violence.

Women are increasing their participation in the political
process.  The number of female candidates increased in the 1993
national elections.  However, under Spain's electoral system
the percentage of votes for a party determines the number
elected from that party's list of candidates; and because many
women have been placed in the lower half of the list, the
number elected has never reached 25 percent of those who attain
office.  In the Congress, 54 of the 350 deputies are women,
while in the Senate women number 32 of 256 members.  There are
three female ministers.  In March the ruling Socialist Party
mandated a 25-percent quota for women to participate in all its
political endeavors.  Other parties have similar quotas, but
none currently fulfills them.

Section 4  Governmental Attitude Regarding International and
          Nongovernmental Investigation of Alleged Violations
          of Human Rights

A number of nongovernmental human rights groups are established
in Spain, including the Human Rights Association of Spain, in
Madrid, and the Human Rights Institute of Catalonia, in
Barcelona.  All operate freely without government interference.

Section 5  Discrimination Based on Race, Sex, Religion,
          Disability, Language, or Social Status

The Constitution provides for equal rights for all citizens,
and an independent Ombudsman actively investigates complaints
of human rights abuses by the authorities.

    Women

While in recent years women have moved towards equality under
the law, and entered the educational system and the work force
in larger numbers, traditional attitudes continue to impose de
facto discrimination.  This varies considerably among the
regions.  Although one-third more women (mainly those under age
29) work outside the home than a decade ago, women make up only
a third of the total work force.  Growing numbers of women
occupy senior governmental positions, among them the Ministers
of Social Affairs, Health, and Culture, and about 30 percent of
the number of judges (a profession that was closed to women
before 1977).  Also, women outnumber men in the legal,
journalistic, and health care professions.

The law mandates equal pay for equal work.  In March the
Constitutional Court ruled that 140 women employed at a
cosmetics firm were paid less than their male colleagues, and
awarded them back pay plus damages.  Earlier, the United Left
Party proposed legislation to overcome what it asserts is a 20
percent gap between the average salaries of women and of men.

Sexual abuse, violence, and harassment of women continued to be
areas of concern.  According to the nongovernmental (but
largely government-funded) Commission for Investigation of
Mistreatment of Women, 86 women were killed by male partners in
1993 (latest data).  The Commission estimated that only 10
percent of the approximately 250,000 violent acts against women
each year are reported to authorities, owing in part to the
unsympathetic attitudes of some police and judicial personnel.
Some rape cases in 1994 were decided on the degree of the
victim's physical resistance.  According to the Rape Victim's
Assistance Association, 322 rapes and 409 sexual assaults were
reported in 1993.  A 1989 law prohibits harassment in the
workplace, but very few cases have been brought to trial under
this law.

Several levels of government provide assistance to battered
women.  A toll-free hot-line advises women where to go for
government shelter or other aid if maltreated.  The Government
also runs educational programs seeking to change public
attitudes that contribute to violence against women.  The
Women's Institute has charged that some judges show reluctance
to get involved in cases of violence against a woman by a
member of her family.  Similarly, in smaller towns some police
officers have been reluctant to accept complaints from battered
women.  Recognizing the latter problem, the Ministry of the
Interior initiated a program in 1986 that created special
sections within the national police to deal with violence
against women, staffed by specially trained women officers.

    Children

The Ministries of Health and Social Affairs are responsible for
the welfare of children, and have created a number of programs
to aid needy children.  Under the expected new Penal Code,
children under age 18 are not considered responsible for their
acts, and so cannot be sent to prison.

    National/Racial/Ethnic Minorities

Roma, constituting about 3 percent of the population, continue
to suffer de facto discrimination in housing, schools, and
jobs.  Legal mechanisms exist by which they may seek redress,
and the Government has stated its commitment to securing equal
treatment for them.  In November the ex-mayor of Mancha Real
and six others began serving their sentences for destroying
seven Roma homes in May 1991 in retaliation for the murder of a
non-Roma Spaniard; the ex-mayor was convicted of inciting the
mob that attacked a Roma settlement, and in 1994 the Supreme
Court extended his 1-year sentence to 5 years in prison.

Since 1991 the Madrid city government, in cooperation with the
autonomous regional government, has been carrying out a program
to relocate squatters--the great majority of whom are Roma--to
housing projects within the region.  Spain's largest Roma
organization, Gypsy Presence, protests this, and complains that
the city has put up fences and police checkpoints which make
Roma communities resemble prison camps.  In May 300 Roma were
ordered to relocate to an open field; the group's complaints
that that area lacks basic services have found support in
nongovernment organizations and the press.  The city government
denies any anti-Roma bias in its actions.

Six of the 17 Autonomous Communities use a language or dialect
other than Castilian Spanish.  The Constitution stipulates that
citizens have the "duty to know" Castilian, which "is the
official language of state," but it adds that other languages
can also be official under regional statutes, and that the
"different language variations of Spain are a cultural heritage
which shall be...protected."  Catalonia has passed a law
whereby Catalan is to be taught in the region's schools and is
to be used for official regional functions.  In December the
Constitutional Court ruled against a challenge to the
constitutionality of this law, in a case brought by several
Spanish-speakers in Catalonia who claim to be discriminated
against in education and employment.  Suits regarding specific
applications of this law are still pending in various courts.

Spain's human rights groups and media continued to give
increasing attention to the human rights of the growing numbers
of illegal immigrants from northern and sub-Saharan Africa.
Cases of police mistreatment were often reported.  In March the
Government announced it would increase deportations of
non-Spanish citizens convicted of even minor crimes.

The most publicized incident against foreigners was the 1992
killing of a female illegal Dominican immigrant by an off-duty
member of the Civil Guard.  In July a Madrid court sentenced
him to 126 years in jail and gave lesser prison terms to three
co-defendants; the daughter of the victim was awarded an
indemnity of $156,250 (20 million pesetas).

    People with Disabilities

Since 1982 a law on assistance for disabled citizens has been
in effect which aims at ensuring fair access to public
employment, preventing discrimination, and improving physical
accessibility to public facilities and transportation.  Such
accessibility has not yet improved much in many areas.  In 1993
the autonomous community in Madrid passed a law requiring all
new construction there to be adapted to the needs of the
handicapped.

Section 6  Worker Rights

    a.  The Right of Association

All workers, except those in the military services, judges,
magistrates, and prosecutors, are freely entitled to form or
join unions of their own choosing.  All that is required for
organizing a union is that more than two workers register with
the Ministry of Labor and Social Security.  Spain has over 200
registered trade unions, and one not legally registered
(because the Constitutional Court ruled in 1986 it was
ineligible, as it represents military personnel).

Under the Constitution, trade unions are free to choose their
representatives, determine their policies, represent their
members' interests, and strike.  They are not restricted or
harassed by the Government, and are independent of political
parties.  A strike in nonessential services is legal if its
sponsors give 5 days' notice.  Any striking union must respect
minimum-service requirements negotiated with the respective
employer.  The right to strike has been interpreted by the
Constitutional Court to include general strikes called to
protest government policy; in January there was a 1-day
nationwide strike by a group of unions to protest proposed
labor-market reform legislation.  Strikes occur frequently, but
most are brief.  Data for 1993 (latest available) show a sharp
downturn in strike activity, presumably reflecting Spain's
economic recession.

Unions are free to form or join federations and to affiliate
with international bodies, and do so without hindrance.

    b.  The Right to Organize and Bargain Collectively

A 1980 statute undergirds the right to organize and bargain
collectively.  Trade union and collective bargaining rights
were extended in 1986 to all workers in the public sector,
except the military services.  Public-sector collective
bargaining in 1990 was broadened to include salaries and
employment levels, but the Government retained the right to set
these if negotiations failed.  Collective bargaining agreements
are widespread in both the public and private sectors; in the
latter they cover 60 percent of workers, notwithstanding that
only about 10 percent of them are union members.

The law prohibits discrimination by employers against union
members and organizers.  Discrimination cases have priority in
the labor courts.  Legislation in 1990 gave unions a role in
controlling temporary work contracts to prevent abuses of these
and of terminations of employment.  Nonetheless, the unions
contend employers are discriminating in many cases by refusing
to renew the temporary employment contract of a worker who has
engaged in union organizing; more than a third of all employees
in Spain are under temporary contracts.  In June the Parliament
passed legislation that greatly limits the types of workers who
may be employed under temporary contracts.

The same legislation abolishes some work rules dating back to
the Franco dictatorship decades ago, and leaves it to the
collective bargaining process to come up with replacements.

Labor regulations and practices in free trade zones and export
processing zones are the same as in the rest of the country.
Union membership in these zones is reportedly higher than the
average throughout the economy.

    c.  Prohibition of Forced or Compulsory Labor

Forced or compulsory labor is outlawed in Spain and is not
practiced.  The legislation is effectively enforced.

    d.  Minimum Age for Employment of Children

The statutory minimum age for employment is 16 years.  The
Ministry of Labor and Social Security is primarily responsible
for enforcement.  The minimum age is effectively enforced in
major industries and in the service sector.  It is more
difficult to control on small farms and in family-owned
businesses.  Legislation prohibiting child labor is effectively
enforced in the special economic zones.  The law also prohibits
the employment of persons under age 18 at night, for overtime
work, or in sectors considered hazardous.

    e.  Acceptable Conditions of Work

The legal minimum wage for workers over age 18 is considered
sufficient for a decent standard of living for workers and
their families.  The daily minimum wage was $15.77 (2,019
pesetas); for those aged 16 or 17 it was $10.42 (1,334
pesetas).  These rates are revised every year in line with the
Consumer Price Index and are effectively enforced by the
Ministry of Labor and Social Security.  The law sets a 40-hour
workweek with an unbroken rest period of 36 hours after each 40
hours worked.  Workers enjoy 12 paid holidays a year and a
month's paid vacation.  Worktime limits are effectively
enforced.

Government mechanisms exist for enforcing working conditions
and occupational health and safety rules, but bureaucratic
procedures are cumbersome and inefficient.  Safety and health
legislation is being revised to conform to European Union
directives.  The National Institute of Safety and Health within
the Ministry of Labor has technical responsibility for
developing labor standards, but the Inspectorate of Labor has
responsibility for enforcing the legislation through judicial
action when infractions are found.  Workers have legal
protection for filing complaints about hazardous conditions.