Identifier
Created
Classification
Origin
04MADRID822
2004-03-10 15:16:00
CONFIDENTIAL
Embassy Madrid
Cable title:  

SPANISH RESPONSE TO 60TH SESSION OF THE UN

Tags:  PHUM PREL SP UNHRC 
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C O N F I D E N T I A L SECTION 01 OF 02 MADRID 000822 

SIPDIS

E.O. 12958: DECL: 03/09/2014
TAGS: PHUM PREL SP UNHRC
SUBJECT: SPANISH RESPONSE TO 60TH SESSION OF THE UN
COMMISSION ON HUMAN RIGHTS DEMARCHE

REF: A. STATE 41252


B. MADRID 0735

C. CLASSIFIED EMAIL FROM MADRID TO SPAIN DESK ON 25
FEB 2004

Classified By: Kathleen Fitzpatrick, Political Counselor, for Reasons 1
.4 (b) and (d)

C O N F I D E N T I A L SECTION 01 OF 02 MADRID 000822

SIPDIS

E.O. 12958: DECL: 03/09/2014
TAGS: PHUM PREL SP UNHRC
SUBJECT: SPANISH RESPONSE TO 60TH SESSION OF THE UN
COMMISSION ON HUMAN RIGHTS DEMARCHE

REF: A. STATE 41252


B. MADRID 0735

C. CLASSIFIED EMAIL FROM MADRID TO SPAIN DESK ON 25
FEB 2004

Classified By: Kathleen Fitzpatrick, Political Counselor, for Reasons 1
.4 (b) and (d)


1. (C) Summary. The head of the MFA's Human Rights Office
stated that Spain's priorities for the upcoming UN Commission
on Human Rights (UNCHR) session are substantially the same as
USG priorities, focusing on many of the same countries and
issues. On sensitive subjects, he said that Spain will work
within the EU to try to find compromises on wording for a
Rights of the Child resolution and will seek to minimize the
number of resolutions regarding the death penalty. Spain's
most pressing concern this session, however, will be in
responding to the February 6 report by the UN Special
Rapporteur on Torture that concluded that torture of ETA
terrorist suspects is practiced to a degree in Spain. That
report may have broader implications as it strongly
criticizes incommunicado detention of terrorist suspects.
The report also concludes that allegations of torture, even
if acknowledged as a tactic used by terrorist groups to
falsely discredit a government, cannot be discounted due to
the Rapporteur's belief that incommunicado detention
facilitates torture. End summary.


2. (C) We delivered reftel A demarche to Juan Manuel Cabrera,
MFA Human Rights Office Director, on March 8. When asked
about Spanish priorities for the 60th Session of the UNCHR,
Cabrera said that they are supporting resolutions on Belarus
(will co-sponsor with EU),Turkmenistan, Afghanistan (sharing
USG concerns that an Independent Expert has not been
appointed),Russia-Chechnya (introduced by the EU),East
Timor, North Korea, Nepal, Burma, Congo, Zimbabwe (though
maintaining dialog with Mugabe government),Sudan, Colombia
and Cuba. He stated that he had not heard if Canada would be
introducing a resolution on Iran, but that Spain would likely
support such a resolution. Similarly, he had not heard who
would introduce a Cuba resolution this session, but thought
that Costa Rica would be a likely candidate (Note: President
Aznar has reportedly pressed Honduran President Maduro to

introduce the Cuba resolution (ref B)). Cabrera inquired as
to whether the USG had decided to introduce a China
resolution. When informed that we were still studying the
issue, he stated that Spain would wait to see the text before
making a decision. He reiterated Spain's position that China
is making slow progress on human rights, but said he felt
that at times the dialog was a little bit "good for nothing"
(reiterating the case Charge made to Deputy Foreign Minister
Gil-Casares (ref C),we took this opportunity to provide
Cabrera with a digital copy of the 2003 Human Rights Report
for China). Cabrera further stated that Spain agreed that
now was not the time for a resolution on Iraq and that he is
not aware of anyone supporting the introduction of an Iraq
resolution this session.


3. (C) Regarding our request for support in opposing
unbalanced resolutions against Israel, Cabrera said that
Spain was also opposed to inflammatory resolutions and that
they would work to limit the number of resolutions on Israel,
possibly even down to one combined resolution. (Comment:
While Post is encouraged by Cabrera's statement, we note that
the Spanish MFA made the same statement of support before the
last session, but went on to follow the common EU line in
voting for resolutions that condemned Israel. End comment).


4. (C) Cabrera said that Spain's theme-based issues would be
terrorism, racism, the death penalty, Rights of the Child,
and a EU-backed resolution on anti-Semitism. He mentioned
that Spain and the EU would also be looking with interest to
a resolution on Israeli settlements proposed by the Arab
group. In response to demarche talking points regarding
resolutions on the Rights of the Child and the death penalty,
he said that Spain would work within the EU to find
compromise wording for the Rights of the Child resolution
that could be acceptable to the USG. He said Spain would "do
its best" on seeking EU support for a single death penalty
resolution, though he seemed less optimistic on this point.


5. (C) Cabrera stated that Spain agrees with the USG that
the UNCHR is not the appropriate forum for a resolution on
corporate conduct, and has problems with the Norms proposed
by the Sub-Commission. He also mentioned that Spain and the
EU would vote against "no-action" motions, and that Spain
supports the idea of developing a network of democratic
countries in the UNCHR. Responding to the talking point
question on where Spain saw an opportunity for USG
assistance, he stated that the Russia-Chechnya issue was one
in which coordinated US-EU lobbying would be useful.


6. (C) Cabrera explained that along with this overall agenda,
Spain would be responding forcefully to the report issued by
the UN Special Rapporteur on Torture, Theo Van Boven,
regarding his October 2003 visit to Spain. In that report,
dated February 6, Van Boven concludes that torture, namely of
ETA terrorist suspects held incommunicado for short periods,
is practiced by Spanish authorities. The report acknowledges
that there is evidence that ETA instructs its members to
claim torture whenever they are detained as a tactic to
falsely discredit the Spanish government. However, Van Boven
concludes that because of the consistency of these
allegations and his belief that, by its nature, incommunicado
detention facilitates torture, instances of torture in Spain
are "more than sporadic or incidental". The Spanish
response, dated March 4, is 87 pages in length and details
what the Spanish believe are factual errors, baseless
conclusions, and faulty methodology on Van Boven's part.
Specifically, the Spanish criticize Van Boven for using
second-hand accounts and anonymous sources, all lacking
evidence to back their allegations. The Spanish response
also criticizes the Van Boven report for not considering the
possibility that the allegations of torture are consistent
for the very fact that Van Boven acknowledges, that ETA
instructs its members on what to say.


7. (C) Comment: This report could have broader implications
in that Van Boven concludes that any practice of holding
terrorist suspects without allowing outside contacts of the
detainee's choosing can constitute torture. In his
recommendations (paragraph 66),Van Boven writes "Since
incommunicado detention creates conditions that facilitate
the perpetration of torture and can in itself constitute a
form of cruel, inhuman or degrading treatment or even
torture, the incommunicado regime should be abrogated". This
statement has ramifications on governmental efforts to ensure
that detained terrorist suspects do not pass operational
information to their associates on the outside. Cabrera said
that while there is not a vote to accept this report, Spain
would appreciate the support of its allies on this matter,
either in writing as an addition to the Spanish response or
in discussions of the Van Boven report at UN meetings. Post
has discussed ETA allegations of torture with Amnesty
International and the Spanish Ombudsman's Office in its
research for annual Human Rights Reports, and both
organizations agree that no proof exists to substantiate
those claims, nor has any other pattern of abuse of prisoners
by Spanish authorities been noted. Post recommends that USG
UN representatives convey our findings as appropriate. End
comment.


8. (C) Wrapping up the meeting, Cabrera renewed Spain's
request for USG assistance in lobbying for their candidacy
for one of the three WEOG seats on the UNCHR, recalling that
it was Spain's withdrawal of their candidacy that allowed the
USG to return to the commission after losing our seat on the
UNCHR.
ARGYROS