The Ombudsman Summary of the Report to Parliament for 2005 June 2006 Complaints to the Spanish Ombudsman Rose 37.1% in 2005, Compared with 2004 Rise in Complaints Involving the Environment, Land Management, and Social Services he total number of citizens who registered complaints with the Ombudsman’s Office in 2005 was 39,750. Of these, 13,962 com- Tplaints led to individual cases being opened; 25,648 to the opening of group cases; and 140 of the Ombudsman’s actions were for- mulated as complaints in ex-officio proceedings. Therefore, the total number of complaints rose 37.1% compared with the previous year, during which there were 28,990 complaints, also bearing in mind that the latter number represented a considerable annual increase, as well. ages 7, 8, and 9 provide a breakdown of them on their own terms or presenting ade- Civil Servants and Employment Pthe complaints registered from Spain, quate reasons for disagreement with the and the 354 that came from abroad. Regard- proposal, are, in percentage terms, similar Generally speaking, especially notewor- ing the different sectors encompassed by the to former years (Tables 23, 24, and 25). In thy were complaints regarding the retire- activities of the Public Administration, wor- the summary of actions involving each area, ment benefits of full-time mayors and city thy of note is the impressive ‘take-off’ in cit- it is striking that there are several which, council members who served their terms izens’ complaints involving land manage- due to different circumstances (number of after Spain’s first municipal elections fol- ment, and specifically, the environment; persons affected, media impact, a type of lowing the restoration of democracy, but those involving economic administration; complaint hitherto unseen), had a higher who had not been able to register with the those in the realm of education and culture; profile. Social Security system; or deficiencies in and those regarding health and social affairs. Processing Stages Of all the complaints presented, 26,693 were admitted for processing, or 71.42%; another 10,682 were not admitted for differ- ent reasons, representing 28.58% of the total. There were 1,556 complaints from pre- vious years, but which were opened or reopened in 2005, and of these, 982 were regarding the decision to admit the com- plaint, 539 were petitions to reopen a closed case, and 45 were to repeat a suspended complaint. Supervisory Efficiency The Ombudsman’s office presented 396 resolutions to Public Administrations as a consequence of complaints investigated during 2005, which included 139 recom- mendations, 156 suggestions, 96 reminders of legal duties, and five warnings (see pp. 18, and 26-29). The resolutions attended to The Ombudsman, Enrique Múgica, is sworn in for a second term, in the Conference Hall of the by the Public Administrations, i.e. those that Spanish Parliament, in the presence of the Speakers of the Congress of Deputies, Manuel Marín received a response, whether admitting (right), and of the Senate, Javier Rojo (left). Photo: Povedano. The Ombudsman • Summary of the Report for 2005 1 REPORT On 7 July, during a ceremony held in the Conference Hall of the Spanish Parliament, the two Deputy Ombudsmen were sworn in for a second term, in the presence of the Speaker of the Congress, Manuel Marín, and of the Senate, Javier Rojo, as well as that of the Ombudsman. Previously, they had also been designated for a second term in their posts by Enrique Múgica, and were, on 4 July, unanimously confirmed by the Congress-Senate Joint Committee for the Ombudsman. carrying out certain competitive exams after imprisonment due to a guilty ver- lower than the previous year (when it was (e.g., computer anomalies, refusal to pro- dict). 6.8%) in percentage terms. This trends vide copies of exam papers, delays in pub- towards overcrowding gives cause for con- lishing the list of those named to posts, con- cern, due to the constitutionally established fusing or biased wording of exam conditions, Defence and of the Interior purpose of ‘re-education and social reinser- collectibility of payment of exam fees), as tion’ for prison sentences, and guarantees well as issues involving employment mobili- The number of prisoners –both serving the fundamental rights of those condemned ty and workplace harassment, with the sentences and in preventive custody— in to such sentences. number of complaints remaining stable. penitentiary centres continued to rise dur- The supervision of the Penitentiary Looking at statutory categories, there ing 2005, although the increase (2.7%) was Administration, apart from the visits made were noteworthy complaints involving health service personnel (delays in job selection processes and availability of posi- tions, equivalency of degrees and training of healthcare technicians with those of coun- SUMMARY tries in the European Union, and develop- ment of the corresponding legal regula- • Complaints to the Ombudsman’s • Economic Administration: tions); issues involving public school Office up 37.1% in 2005.................. 1-4 Different and Unequal Treatment teachers (refusal to admit delegates at ses- in the Inheritance and Donations sions prior to competitive civil service Statistics.............................................. 6-22 Tax ..................................................... 42-44 exams, demands for recognition of co-offi- • Land Management: cial languages, transfer of civil servants • Reminders of Legal Duties............ 23-26 Lack of Ecological Consciousness from the corps of secondary school teach- • Administrations which Have Contrasts with Growing Public ers of the Basque Country’s Penitentiary Failed to Respond to the Awareness About Natural Institutions, flexibility in time off for nurs- Ombudsman or Have Been Resources ......................................... 45-49 ing in Extremadura, systems of transfer Blatantly Tardy in Doing So.......... 27-29 • Health and Social Policy: and evaluation of university professors); • Management Summary .................. 30-31 Economic, Clinical, and Social Justice Administration service personnel Obstacles Block Universal Access Summary by areas to the Right to Healthcare ............ 50-52 (issuing identification cards in the Com- • Immigration and Foreign Affairs: munity of Madrid, fulfilling job offers, • Civil Servants and Employment: Ombudsman’s Recommendations putting economic rights into effect); per- Complaints Regarding Selection on Immigrant Legalization Process sonnel from Penitentiary Institutions Processes and Competitive Civil Accepted ........................................... 53-58 (overwork due to lack of human resources, Service Exams ................................. 32-35 • Education and Culture: internal promotion system); Military • Defence and Home For an Educational System Not Administration personnel (situation of Affairs: Subject to Electoral Swings.......... 59-61 military reservists, benefits for those on Steady Rise in the Prison Population . 36-37 temporary military duty whilst on medical • Justice and Domestic Violence: • Institutional Relations leave from the Civil Guard), and the per- Rise in Delays in Judicial Techical Co-operation sonnel in public administrations and Procedures......................................... 38-41 and Promotion ................................. 65-68 organisations (job selection and procure- ment, regulation of turns of duty for physi- cians, prolonged period on forced leave 2 The Ombudsman • Summary of the Report for 2005 REPORT during this year to 12 centres, has been ex-officio complaint making it possible to Land Management aimed at investigating deaths in prison, request the means necessary for the judges with the purpose of preventing suicides and district attorneys involved to be Regarding the environment itself, such and avoiding, as far as possible, the effects informed of the existence of places for issues as right of access to environmental of drug consumption and achieving the therapeutic internees. Regarding domestic information, the need for internal costs of highest possible health levels in prisoners, violence, investigations have been carried productive activity to integrate the man- with a follow-up of actions of the Adminis- out to confirm the establishment and effi- agement of threatened resources, or cau- tration in this area (e.g. routine and spe- ciency of protective measures aimed at tion in declaring a space to be protected, cialised consultations, HIV-related illness- guaranteeing the security of possible vic- are all elements for reflection which very es, tuberculosis, STDs, and psychiatric tims. often must be taken into account. Specifi- disorders). Another major area of activity was the cally noteworthy are the investigations car- Regarding citizen security, the situation of Spanish prisoners abroad ried out regarding water management Ombudsman’s Office has expressed its (consular actions, managing transfer (sanctioning jurisdictions, scope of sanc- favourable opinion of the draft version of requests, relations with foreign adminis- tions), water use (legal status of irrigation the ‘Law for the Protection of Victims of trations), especially those involved in cer- collectives), waste management and pre- Terrorism’, at the request of the High Com- tain cases in Venezuela, Morocco, the vention (location of garbage dumps and missioner for Support to Victims. It has Philippines, and Bolivia. recycling plants, regulation of livestock also opened up an ex-officio investigation Finally,