E/CN.4/1995/91/Add.1
page 33
11.
The parents appealed against the court decision referred to in the
previous paragraph and, on 21 May 1992, the Court of Appeal of Barcelona
handed down a judgement annulling the declaration of need of care and the
custodial measures taken by the Directorate of Child Welfare.
12.
Subsequently, on 29 June 1993, the third division of the Court of
Appeal of Barcelona acquitted the accused - the parents of the minors of the charges made by the Public Prosecutor’s Department of fraud,
assault and battery, unlawful setting up of a teaching establishment and
unlawful association, and quashed the preservation measures previously
adopted.
13.
Through the Counsel of the Generalitat of Catalonia (Letrado de
Generalitat de Catluña), the Directorate of Child Welfare filed an
application for amparo with the Constitutional Court of the Spanish State
against the judgement of the Court of Appeal of Barcelona annulling the
declaration of need of care and the custodial measures adopted regarding
the minors, pleading a violation of article 24, paragraph 1, of the
Spanish Constitution and of the right to education enshrined in
paragraphs 1 to 5 of article 27, read in conjunction with article 15 of
the Constitution.
The decision of the Constitutional Court is at present awaited.
14.
Annex I of this report contains general clarifications and
particulars regarding any reports that the Commission on Human Rights
(with responsibility for the question of religious intolerance) may have
received concerning the treatment and care of the minors by the staff and
institutions of the Autonomous Administration.
Annex I
The paragraph of the complaint reproduced below calls for
corrections of detail and an overall rebuttal.
Twenty-two children are alleged to have been removed and detained
in public welfare centres for over a year and, during this period, to
have been neglected and ill-treated by the social workers. On release of
the children, the Catalan authorities are alleged to have required their
parents to send them to State schools and further required each family in
the community to undertake to reside in their own home.
Firstly, as regards the ’detention’ of the children for more than a
year: the action taken by the Directorate of Child Welfare in the case
of the ’Children of God’ was fully in accordance with the law, since, as
explained in the preceding document, it was taken at the request of the
prosecutor’s department of the Juvenile Court and in compliance with the
requisite court orders at each stage of the proceedings. The children,
whose institutionalization did not last 12 months, were allowed to
receive visits from their parents and to spend weekends with their
families, in both cases as soon as authorized by the competent judge.