001-055okcorr.qxd 7/10/08 16:41 Página 1 THE OMBUDSMAN OF SPAIN SUMMARY OF THE REPORT TO PARLIAMENT YEAR 2007 001-055okcorr.qxd 15/10/08 15:04 Página 2 Translation of El Defensor del Pueblo. Resumen del Informe a las Cortes Generales año 2007 All or parts of the content of this publication may be reproduced providing the source is credited. Under no circumstances may reproductions of this document be used for profit. Edición: Defensor del Pueblo Pº Eduardo Dato, 31 – 28010 Madrid – Spain www.defensordelpueblo.es [email protected] Depósito legal: M. 46.638-2008 001-055okcorr.qxd 14/10/08 11:54 Página 3 Summary Noteworthy increase in ex officio enquiries Educational Administration during 2007 Legislative reforms in the area of education continue in Page 5 2007 Page 72 STATISTICS Health Care The Ombudsman initiates an enquiry with respect to Noteworthy rise in the number of ex officio enquiries in persons afflicted by rare diseases 2007 Page 75 Page 8 Social Affairs Complaint processing status at the end of 2007 The problems involved in enforcement of the Law on Page 18 Dependence: ex officio enquiry Page 78 2,857 collective complaints Page 24 Taxation And Duties The Tax Department provides improved efficiency and 262 Ex officio complaints higher quality of service to citizens Page 27 Page 81 72 recommendations and 69 suggestions admitted Economic Activity Page 33 Administrative supervision of financial services and products represents a constant cause for concern at the 156 recommendations, 204 suggestions Ombudsman’s Office Page 34 Page 82 Appeals of Unconstitutionality Environment Page 48 The protection of the natural environment and classified Administrations that failed to comply or have shown activities have been a major focal point of the noteworthy delays in responding to the Ombudsman’s Ombudsman's actions throughout 2007 investigation requirements Page 84 Page 49 Housing and Urban Planning Management summary The Land and Urban Planning Law will govern urban and Page 53 environmental issues for sustainable development Page 88 Civil Servants SUPERVISION OF PUBLIC Important legislation passed, such as the Basic Statute of ADMINISTRATION Public Employment, incorporating recommendations by the Ombudsman Justice Page 91 Delays in judicial proceedings continue to occur, although noteworthy improvements have been observed in Other Affairs Administration of Justice and the Supreme Court Protection of adolescents and small children regarding Page 56 broadcast and print media Page 95 Prisons At 67,357 inmates, the prison population reached an all- Implementation of measures to improve hearing- time record in December 2007 impaired access to audiovisual communications and Page 60 special reference to subtitling of programs Page 96 Citizen Security and Road Safety The Ombudsman presents various recommendations to Conclusions improve the operation of National Identity Card Offices Page 97 Page 62 Institutional relations Alien Affairs and Immigration Page 101 The Ombudsman recommends the drafting of a protocol for the family reinstatement of unaccompanied foreign minors Page 66 THE SPANISH OMBUDSMAN. SUMMARY OF THE REPORT FOR 2007 3 001-055okcorr.qxd 7/10/08 16:41 Página 4 001-055okcorr.qxd 14/10/08 11:55 Página 5 Noteworthy increase in ex officio enquiries during 2007 Ex officio enquiries —carried out on the Ombudsman’s own initiative— rose steadily in 2007, which is directly related to the resources available to this Institution, as well as to the effort made by the Ombudsman to improve the capacity for institutional reaction in dealing with situations that jeopardize the rights of citizens. Moreover, 17,373 new complaints cases were undertaken, and 38,738 citizens approached the Institution through the various channels available. mproved monitoring and “early detection” activities led to a significant rise in the number of ex officio Ienquiries conducted—with 262 initiated in 2007 compared to 142 in the previous year. Moreover, a “levelling off” in number of citizen complaints received occurred, which is basically due to the reduced number of citizens’ groups set up in 2007 to channel requests to the Ombudsman. Considering the number of citizen complaints by geographic origin, for yet another year the most noteworthy amount came from the Community of Madrid, where the Institution has its headquarters. The autonomous communities that follow Madrid on this list are Catalonia, Andalusia and Valencia. Only 2.25% of the total complaints were sent from abroad, with a noteworthy increase in the number of complaints The Ombudsman, Enrique Múgica Herzog, presents the 2007 Annual Report to the President of Congress, José Bono, 3 June. sent from the United States—a total of 57 as opposed to 18 in the previous year. Of all of them, both national Photo: Povedano and foreign origin, 90% were directed directly to the Ombudsman, and 9% were referred from offices of Efficacy of supervision autonomous community parliamentary commissioners, with most referred by the Ombudsman of Andalusia As a result of the enquiries conducted in the different and the Síndic de Greuges of Catalonia for processing. complaint cases, in 2007 the number of resolutions of By business sector, matters related to economic all types rose with respect to the previous year, and ac-tivity in general (duties and taxation, telecommuni- 156 recommendations, 204 suggestions and 108 re- cations, transport) were again the most numerous, minders of legal duties were sent. By the last day of the followed by those of health, Social Security and the year, 95 recommendations and 112 suggestions had social services. been addressed and their contents had either been ac- cepted or rejected. This represents a higher response rate than in previous years. Processing status Administration of Justice At 41.24%, the total percentage of complaints admit- ted for processing at the Institution in 2007 was simi- The Ombusdman continued to receive many complaints lar to percentages of previous years. Of the 6,584 stemming from undue delays in the handling of judicial complaint cases whose processing had been effective- procedures. Regarding civil jurisdiction, the most note- ly opened in 2007, a total of 2,733 could be closed by worthy complaints were those made by the very per- the end of the same year, once all of the requested sonnel who perform functions at court facilities, report- administrative reports had been received and evaluat- ing an overwhelming workload that could not be ed. 3,841 complaints remained pending, 2993 of which processed under normal working conditions leading to were individual, 145 ex officio, and 703 collective a tremendous backlog involving thousands of unre- complaints. solved cases. THE SPANISH OMBUDSMAN. SUMMARY OF THE REPORT FOR 2007 5 001-055okcorr.qxd 7/10/08 16:41 Página 6 Presentation of the 2007 Report to the President of the Senate, 5 June. From left to right: Mar España, General Secretary to the Ombudsman; Mª Luisa Cava de Llano, First Deputy to the Ombudsman; Enrique Múgica, Ombudsman of Spain; Javier Rojo, President of the Senate; Daniel Bardavío, Communication Director of the Senate Presidency; and Manuel Aguilar Belda, Second Deputy to the Ombudsman. Photo: Povedano Litigation involving landlords and tenants repre- ple according to the Spanish Department of Foreign sents a type of procedure that typifies the enormous Affairs. Poor health and hygienic conditions and the social impact that varying degrees of administrative lack of personal security in these penal institutions breakdowns can have on the judicial system. The have been the subject of most of the complaints re- well-founded fears of property owners regarding inef- ceived by the Ombudsman. fective eviction procedures, if it comes to that, strongly discourages them from putting empty rental homes on the market for prospective tenants. The In- Penitentiary Administration stitution has requested information on the measures that the Ministry of Justice might adopt to resolve this In 2007 the overall prison population continued to problem. grow, reaching a total of 67,357 inmates in December. In the area of domestic violence, the Ombudsman Significantly, the largest percentage increase took continues to follow up on incidents that have arisen place among the female prison population, which has subsequent to the recent entry into force of the Law climbed 27% since January 2004. This fact underscores on comprehensive Measures against gender-based vi- the urgent need for “maternity units” to be built and olence. In the last year, there was a noteworthy en- equipped quickly in as many penal institutions as pos- quiry to learn about the functioning of certain shel- sible in order to improve the conditions faced by ters for battered women stemming from reports by these inmates and, especially, by their young children. women who had sought refuge there. To gain a better understanding of prison inmate Another issue that has been the subject of careful living conditions, the penal institutions of Almeria, follow-ups by the Institution for a long time is one in- Daroca, the Dueso were visited, Ourense, Puerto I, volving the setbacks that have arisen in the execution Puerto II, Segovia, A Lama, Melilla, Sevilla II and Zuera of sentences handed down by the European Court on were visited last year. Human Rights. Taking a new approach, the Ombuds- As in previous years, various enquiries, either in man decided toward the end of 2007 to participate more actively in meetings organized by the Office of response to certain complaints or as ex officio ac- the European Commissioner on Human Rights, of the tions, were conducted to gather details in cases in- Council of Europe. These meetings aim to establish a volving suicide deaths and reports alleging abusive more active role for the Ombudsmen of the member treatment. Moreover, drug addiction treatment serv- States of the Council of Europe in the execution of ices and hygienic conditions in the penal institutions sentences by the European Court on Human Rights were the focal point of a great deal of the activity car- through the European Commissioner as well as deci- ried out with the relevant penitentiary authorities.