E/CN.4/2004/76/Add.2
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Act No. 1/1992 of 21 February 1992, relating to protection of public safety; inducing, promoting,
encouraging or facilitating the clandestine immigration of persons in transit or travelling to
Spanish territory when the act does not constitute an offence, or participating in a profitmotivated organization formed for this purpose. In these cases, the priority procedure is initiated,
limiting to 48 hours the period during which claims may be lodged; execution of the procedure is
immediate. If immediate execution is not effected within a period of 72 hours, detention is
applied for.
21. All decisions affecting foreigners may be appealed. In the case of the decisions referred to
in legislation, such as an expulsion order, appeals are lodged via the administrative channel.
4.
Competence of the various State bodies in the area of migration
22. The central Government has competence in such areas as planning, coordination and
regulation in relation to immigration questions. Social assistance and other planning and
execution powers are the responsibility of the Autonomous Communities. Within the
Autonomous Communities and Cities, there are government offices or branch offices with
competence for immigration matters. The Immigration Policy Council ensures coordination
between the State, the Autonomous Communities and the municipalities. The State Secretariat for
Foreigners and Immigration, within the Ministry of the Interior, has broad powers to deal with
questions relating to immigration. There is also an Inter-Ministerial Commission on Immigration,
whose mandate consists in analysing government measures that affect the treatment of foreigners,
immigration and asylum.
23. The Forum for the Social Integration of Immigrants is a collegiate consultative body whose
aim is to promote the participation and social integration of immigrants in Spanish society.5 In
addition, the National Police and the Civil Guard come under the aegis of the Ministry of the
Interior. The former is concerned with passport control, the registration of foreigners, the
investigation of offences and other police duties in urban areas. The Civil Guard undertakes
operations to combat trafficking in immigrants, and has responsibility for security at customs
posts, airports, highways and ports and for the transport of detainees.
24. The Ministry of Labour and Social Affairs is the institution primarily responsible for policy
on the integration of, and assistance and social services for, immigrants. In the Autonomous
Communities it manages the immigrant reception centres and is responsible, through its
commissions, for the legal protection of defenceless minors. The Migration and Social Services
Institute (IMSERSO), within the same Ministry, is responsible for activities aimed at the
reception and social advancement of the immigrant population.
25. In accordance with Article 124.1 of the Constitution, the Office of the Public Prosecutor
promotes the working of justice in defence of the rule of law, the rights of citizens and the public
interest as safeguarded by the law, supervises the independence of the courts and ensures that the
latter meet the interests of society. The juvenile court prosecutors are responsible, inter alia, for
monitoring the treatment received by minors taken into care, promoting the examination of cases
involving minors and serving as public prosecutors. The Office of the People’s Advocate is a
supervisory body independent of the activities of all the public authorities.
5
According to information received, following the amendment of the legislation on immigration and of the
requirements for participation in the Forum, many NGOs were excluded from it and an alternative forum was
established.