The Ombudsman Summary of the Report to Parliament for 2003 June 2004
Total Page：16
File Type：pdf, Size：1020Kb
The Ombudsman Summary of the report to Parliament for 2003 June 2004 17,389 complaints received in 2003 More than 36,000 complaints were received on intervention in Iraq which could not be dealt with because the scope of authority of the Ombudsman does not include any powers for determining or orientating foreign policy. n 2002, complaints from citizens received by the Ombudsman fell compared to those recorded the previous year, dropping from I21,191 in 2002 to 17,389 in 2003. Ex officio complaints rose from 152 to 165, respectively, while collective complaints fell from 9,221 to 4,612. t has not been possible to process the more number of complaints were submitted by of justice (1,726), civil service (1,593) and Ithan 36,000 complaints stating their oppo- men than by women, as occurred in preced- health questions (1,495) need to be high- sition to intervention in Iraq. Many of these ing reports; in the same way, it was again lighted. complaints considered that the sending of confirmed that the immense majority come troops represented a sure violation of section from within Spain, and in percentages by 8 of the Spanish Constitution. Some of them communities, the Madrid Community has State of processing asked the Ombudsman to press for a referen- the greatest weight in terms of origin of dum to be held and to file an appeal before the complaints (33.2%) and, by sectors of activi- In addition to what has been stated on the Constitutional Tribunal against the political ty, total complaints relating to immigra- large number of petitions related to the Iraq decisions that had been adopted. tion/emigration (3,818), the administration conflict, of the 17,389 complaints effectively Given that the scope of authority of the Institution does not include any powers for determining or orientating the country’s for- eign policy, or the mission of the Armed Forces, nor for urging referendums in rela- tion to the decisions of the State powers, such letters of complaint, though they over- loaded the ordinary activity of the corre- sponding services, could not be admitted for processing. In the same way, after analysing the petitions of citizens, nor could they be materialised via any procedure that would enable government decisions to be ques- tioned before the Constitutional Tribunal. More complaints from men than women Bearing in mind the above statements, the number of complaints received during 2003, not including the more than 36,000 resulting from the Iraq situation, came to 17,389, of which, as we have highlighted in the intro- duction to this summary, 12,612 complaints had an individual origin, 4,612 were collective and 165 were ex officio. This gives a total that comes between those recorded for 2001 (13,365) and those for 2002 (21,191). Audience with H.M. Don Juan Carlos I, in the Palace of La Zarzuela, with the Ombudsmen participating in the conference on «Ombudsmen and Constitutional Rights», held on 27 and 28 The figures offered also point to other October 2003 in the Senate Building on the occasion of the XXV anniversary of the Constitution. characteristics of the complaints: a larger Photo Dalda. The Ombudsman • Summary of the report for 2003 1 REPORT registered, 6,249 were accepted for pro- for access to the local civil service; steps made it difficult for prisoners to be treated cessing, 9,476 were not admitted, and the leading to acknowledgement of the right to properly and for there to be adequate other 1,664 were in a situation of pending a paid holiday, comparable to that of mar- facilities available. Specifically, the Insti- decision in this regard, due to various riage, for those formalising a stable de fac- tution continued working on cases in causes. The most frequent reasons for non- to union; and the possibility of qualifica- which deaths in prison had occurred, on admission were lack of signs of any adminis- tions granted to persons with disabilities in others involving presumed ill-treatment of trative irregularity, failure to observe any tests within the reserve quotas being taken inmates, inspecting prisons (15 peniten- improper action by the public powers and a into account for what is known as free turn tiary centres were visited) and paying spe- firm judgment or judicial intervention hav- when they fail to obtain a place in them. cial interest to the situation of women in ing taken place. prison. The situation of processing for the com- With regard to citizenship and the securi- plaints admitted was, at 31 December of Defence and Internal Affairs ty of citizens, various analyses have been the year which this report concerns: con- conducted on the concept of victim of ter- cluded (41.3%), in suspension (0.3%) and Of all the complaints and investigations rorism, as well as work on monitoring of pre- in processing (58.4%). Those which were dealt with in this area, those concerning sumed police ill-treatment, the use of video- pending a decision were so because either prisons need to be underlined. The change cameras by the Ertzainza (the Basque Police), they required additional information reques- in regulations that took place in 2003 as a the situation of some court cells, the scope and ted of the interested party or they required consequence of passing up to four organic suitability of certain summonses and arrests some complementary step or study, or they acts implies a series of measures that are made by the police security forces, and had some defect of form that needed cor- of interest with regard to, for example, the watching over compliance with the guaran- recting. system of carrying out sentences, the new tees established in the sanctioning adminis- In terms of the situation of complaints profile of offences and misdemeanours and trative procedure in matters of traffic or situa- carried over from previous years, 2,194 their impact on the number of inmates tions of the emergency health services. were admitted in 2003, another 348 were which during the year this report is con- On the other hand, special attention has reopened and 24 whose processing was in a cerned with rose by 8.15% which, in turn, been paid to the Yakolev 42 accident situation of suspension were reinstated. Efficacy of the control activity The ordinary activity undertaken by the Institution during the year 2003 culminat- SUMMARY ed in a series of resolutions aimed at the different administrations concerned. So, a total of 154 recommendations, 228 sugges- REPORT tions, 103 reminders of legal duties and 1 warning were formulated. Although there General summary and most Administration of the Economy.............36-37 still remained an appreciable number of significant actions.......................................1-4 resolutions on which the administrations Territorial regulation..............................38-41 had not pronounced, at 31 December 2003 Budgetary execution ......................................4 almost half the recommendations and sug- ............................................................................ Health and social policy .........................42-45 gestions formulated had been accepted, and around 23 percent had been rejected. Statistics.....................................................5-14 Immigration and foreign affairs ............46-49 The study of interim public officials and temporary staff also gave rise to a total of Administrations failing to Education and culture............................50-51 168 recommendations directed towards comply with the obligations to the public administrations. collaborate with the Ombudsman .........15-19 Parliamentary relations .......................52-53 Most significant actions Recommendations and suggestions International relations .........................54-55 The action in the Areas in which the pro- admitted ...................................................20-23 cessing of complaints is organised can be Visits, audiences, agreements read in its entirety in the complete report Appeals of unconstitutionality....................23 and cultural activities...........................56-60 and with greater detail on the basis of that of this summary. By way of introduction, New Congress-Senate Mixed we highlight here the most significant SUMMARY OF THE WORK Commission on Relations aspects of the work of each of them. OF THE AREAS with the Ombudsman..................................61 Civil service and public employment........24-27 Technology renewal plan...........................62 Civil service and public employment Defence and internal affairs..................28-30 Citizen information.....................................63 Standing out here in addition to others of a general nature is the action for eliminating Justice and domestic violence...............31-35 New publications.........................................64 the upper age limits for admission to tests 2 The Ombudsman • Summary of the report for 2003 REPORT which took place in Turkey, in which 62 the circulation of an ever-growing number to benefits for temporary disability and in Spanish military personnel who were of vehicles lacking the obligatory insu- certain claims on pensions. In this last returning from Afghanistan lost their lives. rance coverage, apparently favoured by the aspect, a report was produced on widow- rejection, either directly or by means of hood. charging exorbitant premiums, of insu- Justice and domestic violence rance for the young, an aspect which, moreover, gave rise to an ex officio com- Immigration and Foreign Affairs No solutions have yet been found for