A/HRC/23/56/Add.2
including the CIEs in Algeciras and Tarifa, which are located in former prisons and military
buildings that are inadequate and poorly equipped to accommodate migrants. Concerns
were also expressed regarding the overall conditions in the CIE in Valencia. Challenges
also remain with regard to inadequate access to health care, including the lack of medical
personnel and of adequate psychological and psychiatric care; legal aid and assistance;
interpretation; and adequate information on migrants’ rights. Progress still needs to be made
regarding the provision of social assistance services, sports, leisure and cultural activities.
42.
The Special Rapporteur is particularly concerned at the reported cases of
mistreatment, torture and deaths of undocumented migrants. It was reported that in the CIEs
in Madrid (Aluche) in December 2011 and in Barcelona (Zona Franca) in May 2011,
respectively, a woman and a young man died. A case of alleged torture of a Moroccan
detainee in May 2012 in the CIE in Madrid was also reported to the Special Rapporteur
(A/HRC/WGAD/2012/37). In this regard, it was highlighted that complaints filed by
detained migrants for the violations experienced within the CIEs were not always processed
before the migrants appeared in court due to their pending deportation. Other challenges
were reported, including shortcomings and limitations in video surveillance systems, the
absence of effective mechanisms to control police behaviour in the CIEs, and police
officers sometimes failing to wear their identity badge, making their identification difficult.
43.
The situation of women detained in CIEs was also brought to the attention of the
Special Rapporteur. In this regard, while women and men are separated in the CIEs, the
Special Rapporteur is concerned at the reported case of women being sexually abused by
police officers in the former CIE in Malaga. Furthermore, it was reported that some of the
women detained in the CIEs may be victims of trafficking.
44.
The situation of undocumented migrants in Ceuta and Melilla should be addressed
with particular attention, including their living conditions in the temporary reception
centres (Centros de Estancia Temporal de Inmigrantes or CETIs) where they are lodged
upon arrival in the autonomous cities. These two cities receive migrants, mainly men from
Algeria, Morocco and a number of sub-Saharan countries, including Cameroon, the
Democratic Republic of the Congo, Guinea, Mali, Mauritania, Nigeria, Senegal and
Somalia. The Special Rapporteur was informed about the difficulties they face in accessing
the autonomous cities, and the violence they experienced from the Moroccan and the
Spanish border guards, some of them waiting for years in Morocco before entering the
autonomous cities. Concerns were expressed about the situation of women victims of
sexual and gender-based violence in Morocco at the hands of the trafficking networks
present in the Oujda border area, before accessing Ceuta and Melilla.
C.
Refugees, asylum seekers and stateless persons
45.
Spain has adopted key legal instruments concerning asylum seekers and refugees,
including Law 12/2009 on the right of asylum and subsidiary protection. During the Special
Rapporteur’s visit, the Government indicated that it is working on further developing its
asylum law in order to facilitate its implementation. However, concerns remain regarding
the effective implementation of the law. In particular, it was reported that decrees for its full
implementation still need to be adopted, although in 2012 the Government announced
progress in drafting such decrees. In the absence of these decrees, some of the rights
guaranteed under this law cannot be exercised in practice. The Special Rapporteur is
concerned that this legal gap may lead to unilateral and discretionary interpretation of the
asylum law by the relevant State officers, with a risk of discriminatory practices and a lack
of guarantees for asylum seekers. The Special Rapporteur is also concerned about reports
indicating that the Spanish Eligibility Commission, which is the government body
responsible for the determination of refugee status, takes decisions and defines asylum
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