THE PROTECTION OF MIGRANT RIGHTS IN EUROPE: SPAIN Report of Migreurop for the Human rights Commission of the Council of Europe 1 Index DETENTION OF MIGRANTS……………………………………………………… 3 GROUNDS FOR AND CONDITIONS …………………………………………………….. 3 ALTERNATIVES TO DETENTION …………………………………………………….. 7 CONTROL AND EXTERNALIZACIÓN OF THE SOUTHERN 7 FRONTIER……………………………………………………..…………………………………………………….. INTEGRATION OF MIGRANTS FROM A HUMAN RIGHTS 8 PERSPECTIVE……………………………………………………..…………………………………………………….. FAMILY REUNIFICATION………………………………………………………………… 8 THE SITUATION OF MIGRANT WOMEN……………………………………………………. 10 THE SITUATION OF HUMAN RIGHTS ADVOCATES 14 PROTECTING MIGRANT RIGHTS HINDRANCES TO THE WORK OF HUMAN RIGHTS ADVOCATES….. 14 SOLUTIONS AND GOOD PRACTICES………….……………………………………………………. 15 2 DETENTION OF MIGRANTS 1 Previous note: The Ministry of the Interior recognises 7 Detention "Observations on the working paper prior to the Centres for foreigners (CIE), after the recent Draft Royal Decree by which the Rules of closure of the Centres in Fuerteventura (due to Operation and Regime inside the Detention lack of occupation) and Málaga (due to the state Centres for Foreigners (CIE) will be approved". of the building). The information in this document Platform ' that rights do not stop at the gates of refers to the CIE presently functioning, although the CIE', 2012. another 7 Centres, not officially recognised, exist, "Women in the CIE." "Realities behind bars". which have been used to intern recent arrivals by Women's Link Worldwide, 2012. sea to the Canary Islands or to Andalusia. There is little information available about these centres, "Look behind the bars." The CIE report of Aluche in due to the opacity and informality with which they 2011 ". Pueblos Unidos 2012. operate. "Situation in the detention centres for foreigners in The information has been obtained fundamentally Spain". CEAR, 2009. from the reports cited below – (find attached – as well as from the experience on the ground of the "Voices from and against the CIE" For anyone who organisations signatories - above all regards to wants to hear. Ferrocarril Clandestino the CIE of Barcelona, Madrid, Málaga and (Underground Railroad), Medicos del Mundo, SOS Valencia: Racismo, 2009. "CIE, rights violated." "Report on the detention "Foreign detention centres: covert prisons". centres for foreigners". Migreurop, 2012 Platform Solidarity with Migrants of Malaga, 2008. "Concerns in the regulation of the CIE". Platform ' Rights do not stop at the gates of the CIE', 2012. 1. 1 Ground for and conditions of detention of migrants Main concerns organizations are demanding the Government to enact stricter regulation, both in terms of rights Regulation of the CIE: the existence of the CIE in for those detained and in terms of hierarchical Spain is covered by the "Aliens Act", (Ley de rank (need to act). The Government announced its Extranjería), and its internal functioning is publication for this year, although so far only the regulated only by a Ministerial order of 1999. This text of the Draft Regulation is known. This has is very vague in tone and content and we consider been widely criticized by social organizations, it scarcely embodies safeguards. Diverse noting the need to introduce improvements in the 3 area of information for those interned, right to Asylum Right: it has been confirmed that health and social care, channels for presenting detainees are ignorant regards to their right to requests and complaints, making visiting rights apply for international protection. When an effective and access to the CIE by social asylum seeker is detected and proceeds to apply organizations, improved communication with the for protection, for the law." At the moment, police outside, training and mechanisms for the barely apply the recognition of periods of prevention and control of police abuse, or reflection. Despite the difficulties of detection, safeguards in expulsion and release processes, organizations that visit detained women have among others. identified victims or potential victims of trafficking on numerous occasions. Situation of absence of legal rights when faced with an expulsion order: on numerous occasions Victims of trafficking: identification and the detained lack the effective legal defence protection of women victims of sexual exploitation necessary to appeal the order of expulsion or - protocols provided for in Spanish legislation are return, primarily when the place of detention barely applied to women interned in the CIE. In (border or within the territory) is far away from other words, we have our doubts as to whether the CIE in which they are detained. the legislation is implemented properly; and, in respect to the Protocol, the Public Prosecutor's Situation of absence of legal rights related to Office speaks of a delayed approval of the complaints about violation of fundamental rights: Framework Protocol on the Protection of Victims the vast majority of complaints lodged by of Trafficking and noted that "one of our priorities detainees themselves are not resolved due to a for 2012 is in the provincial development of number of issues. Firstly, the person who appropriate protection protocols that will greatly denounces usually is expelled in the shortest facilitate the effectiveness of the law”. Presently, possible time, thus not appearing before the police rarely recognise and apply the periods of Court. Secondly, there are difficulties in bringing reflexion. Despite the difficulties present in evidence: the CIE have numerous areas hidden detecting cases, organisations visiting detained from surveillance, recordings are often destroyed, women have identified victims or potential victims police officers don´t display their identification of trafficking on numerous occasions. numbers, and the medical reports of injuries due to police assault tend to be hidden. CIE are Health care: detained persons are not subject to a considered for this purpose as a border, and medical examination on arrival and departure, nor emergency procedure is applied. Once the have access to their own case histories. Primary emergency procedure has been initiated, the health care is precarious, and there are no detainee tends to be expelled or returned without resources for treatment of chronic or infectious being given time to request that the courts put in diseases, addictions or mental illnesses. place a precautionary measure to ensure his or her right to a personal case review and guarantee Conditions of life and habitability: Spanish CIE are the effectiveness of a principle as essential as No frequently built on former prisons, military or Return, That is to say, an administrative question police buildings in poor architectural conditions. of emergency procedure may give rise to errors in Even new buildings (Valencia or Barcelona) the assessment of the specific circumstances of present serious deficiencies such as overcrowding the person requesting the recognition of his or her in cells, shortage of common space, lack of refugee status by the Spanish authorities. ventilation and insufficient patios. Detainees do not receive hygiene products or adequate clothing. There are numerous complaints of lack of 4 hot water, excessive cold or heat, and at least in is only recently effective in Madrid and Valencia, the Valencia CIE detainees sleep in fully enclosed where court orders have demanded it. Social cells, without automatic devices that open doors initiatives to try to access the CIE with in case of emergency, or need to go to the parliamentarians and journalists have failed bathroom. The CIE almost completely lacks articles repeatedly. The Spanish Government prevented and spaces for leisure, beyond an empty courtyard access of the Síndic de Greuges (Ombudsman) of and rooms with a TV. In terms of emergency Catalonia to the CIE in Barcelona. The Síndic of evacuation, in many centres there are no fire Greuges of Valencia was only able to meet the extinguishers or evacuation routes. director of CIE, and was barred from meeting with detainees, it being claimed that this is the Isolation cells: isolation cells for punitive use are jurisdiction of the Central Ombudsman. in use. Isolation of a detainee does not require judicial authorization, Neither the entry date, nor Examples of specific cases the time spent there are recorded or controlled. We summarize below examples of some of the Regime of visits and communication with the most serious cases registered in regard to torture, outside: the visiting regime and spaces for visits is ill- or degrading treatment, and other serious poor, insufficient in space and fails to guarantee irregularities. We are able to provide additional the right to privacy. Visits take place in the information if necessary, including Ombudsman presence of the police. Detainees are able to make reports and judicial processes documents. external phone calls in telephone booths, but the use of their own mobile is denied to them and CIE Malaga, July 2006: the Provincial they do not have access to the internet. Commissioner acknowledges the discovery of situations which they define as of considerable Minors: Although Spanish law prohibits detention gravity, "consisting of night-time parties involving in CIE of unaccompanied minors, cases have been detainees who might have maintained sexual identified of persons claiming to be minors, even intercourse with the police officers". Six female presenting photocopies of passports and birth detainees claim to have been victims of sexual certificates,