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Spanish judiciary’s abuse of #HumanRights to come under scrutiny before UN and #ECtHR

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According to several submissions to the UN’s Universal Periodic Review, the Spanish legal system allows for violation of human rights, either by directly ignoring EU standards, or through loopholes in existing laws, writes Human Rights Without Frontiers Director Willy Fautré.

An emblematic case in point is the abuse suffered by the Kokorev family (Vladimir Kokorev, his wife and their son), in which the Spanish judge put three family members in a lengthy pre-trial detention, combined with no access to their case file (a regime called “secreto de sumario”), and particularly harsh prison conditions reserved for terrorists and violent criminals (called FIES regime under Spanish laws).

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According to attorney Scott Crosby, who submitted an application in July on behalf of Vladimir Kokorev to the European Court of Human Rights, a Spanish judge imprisoned all three family members from 2015 to late 2017 on a vaguely worded suspicion of money-laundering. No formal charges were laid, nor “could they be laid because there was no evidence that the Kokorevs had handled illicitly generated money”, Crosby says in his submission. Towards the end of these two years of imprisonment, detention was extended for a further two years, still in the absence of a formal charge and evidence of a predicate crime. On appeal this was commuted to territorial confinement which restricted the family to Gran Canaria and required them to report weekly to the local court.

During their pre-trial detention, the Kokorevs were robbed of their presumption of innocence, being treated in all respects as dangerous prisoners such as terrorists, sexual offenders or war criminals (FIES-5, the highest and harshest level of detention conditions) although they had never used or incited violence and had no prior criminal record, in Spain or elsewhere.

Over the last fifteen years, the European Parliament and the Council of Europe, in particular the Committee of Prevention of Torture (CPT), have expressed serious concerns and warnings about the FIES system. According to the submission of Human Rights Frontiers, the FIES - 5 status, to which the Kokorev family was subjected resulted in:

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“...frequent changes of cell, the use of mechanical restraints when being moved, restricted visits and allowing the prison administration to monitor and record without judicial authorisation all of their communications and visits… [denial of] the benefit of European Prison Rules, such as the right to be detained separately from convicted prisoners...day release...contact between the family…[and the option to post] bail. Alternatives to incarceration were not considered or offered.”

Furthermore, the Kokorevs were subjected to the secreto de sumario regime, which meant that neither they nor their lawyers had any access to the Court files, the evidence, or the reasoning being used by the judge to keep them in prison.

As Human Rights Without Frontiers’ submission to the UPR explains: “Significantly, this case offers a unique corroboration that the Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (which should prevent the secreto de sumario from being used in the context of pretrial detention), has not been properly implemented by Spain via the Ley Orgánica 5/2015 of 27 April 2015.”

Another joint submission by a number of Spanish law firms that specialise in criminal and penitentiary law, denounces that pretrial imprisonment is used by Spanish judges to “soften” the person under investigation. The submission concludes, after explaining that Spain takes a predominantly inquisitorial approach to the criminal investigation, that: “This tendency towards the abuse of pretrial imprisonment is the result of (a) the features of the Spanish criminal system, in which there is an investigative judge; (b) the opportunities for the investigation derived from pretrial imprisonment, particularly when it is applied simultaneously with other measures that exist in the Spanish legal system, such as the secreto de sumario and the FIES, and (c) the fact that the right to compensation for [unlawful] pretrial imprisonment is contingent upon [proof of] innocence (there even existing different kinds of innocence for these purposes)."

Stakeholder submissions called for Spain to be held accountable for these human rights violations. Repeated recommendations from various voices call Spain to abolish the secreto de sumario and FIES system, to respect the presumption of innocence, and to reform the practice of lengthy pre-trial detention.

Currently, the Kokorev Case seems to be the only instance in which a Spanish judge used these three measures in combination with each other and therefore will also be the first chance for the European Court of Human Rights to rule on this kind of practice.

 

 

 

European Commission

NextGenerationEU: European Commission disburses €231 million in pre-financing to Slovenia

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The European Commission has disbursed €231 million to Slovenia in pre-financing, equivalent to 13% of the country's grant allocation under the Recovery and Resilience Facility (RRF). The pre-financing payment will help to kick-start the implementation of the crucial investment and reform measures outlined in Slovenia's recovery and resilience plan. The Commission will authorise further disbursements based on the implementation of the investments and reforms outlined in Slovenia's recovery and resilience plan.

The country is set to receive €2.5 billion in total, consisting of €1.8bn in grants and €705m in loans, over the lifetime of its plan. Today's disbursement follows the recent successful implementation of the first borrowing operations under NextGenerationEU. By the end of the year, the Commission intends to raise up to a total of €80 billion in long-term funding, to be complemented by short-term EU-Bills, to fund the first planned disbursements to member states under NextGenerationEU.

The RRF is at the heart of NextGenerationEU which will provide €800bn (in current prices) to support investments and reforms across member states. The Slovenian plan is part of the unprecedented EU response to emerge stronger from the COVID-19 crisis, fostering the green and digital transitions and strengthening resilience and cohesion in our societies. A press release is available online.

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Cyprus

NextGenerationEU: European Commission disburses €157 million in pre-financing to Cyprus

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The European Commission has disbursed €157 million to Cyprus in pre-financing, equivalent to 13% of the country's financial allocation under the Recovery and Resilience Facility (RRF). The pre-financing payment will help to kick-start the implementation of the crucial investment and reform measures outlined in Cyprus' recovery and resilience plan. The Commission will authorise further disbursements based on the implementation of the investments and reforms outlined in Cyprus' recovery and resilience plan.

The country is set to receive €1.2 billion in total over the lifetime of its plan, with €1 billion provided in grants and €200m in loans. Today's disbursement follows the recent successful implementation of the first borrowing operations under NextGenerationEU. By the end of the year, the Commission intends to raise up to a total of €80bn in long-term funding, to be complemented by short-term EU-Bills, to fund the first planned disbursements to member states under NextGenerationEU. Part of NextGenerationEU, the RRF will provide €723.8bn (in current prices) to support investments and reforms across member states.

The Cypriot plan is part of the unprecedented EU response to emerge stronger from the COVID-19 crisis, fostering the green and digital transitions and strengthening resilience and cohesion in our societies. A press release is available online.

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Belgium

EU Cohesion policy: Belgium, Germany, Spain and Italy receive €373 million to support health and social services, SMEs and social inclusion

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The Commission has granted €373 million to five European Social Fund (ESF) and European Regional Development Fund (ERDF) operational programmes (OPs) in Belgium, Germany, Spain and Italy to help the countries with coronavirus emergency response and repair in the framework of REACT-EU. In Belgium, the modification of the Wallonia OP will make available an additional €64.8m for the acquisition of medical equipment for health services and innovation.

The funds will support small and medium-sized businesses (SMEs) in developing e-commerce, cybersecurity, websites and online stores, as well as the regional green economy through energy efficiency, protection of the environment, development of smart cities and low-carbon public infrastructures. In Germany, in the Federal State of Hessen, €55.4m will support health-related research infrastructure, diagnostic capacity and innovation in universities and other research institutions as well as research, development and innovation investments in the fields of climate and sustainable development. This amendment will also provide support to SMEs and funds for start-ups through an investment fund.

In Sachsen-Anhalt, €75.7m will facilitate cooperation of SMEs and institutions in research, development and innovation, and provide investments and working capital for micro-enterprises affected by the coronavirus crisis. Moreover, the funds will allow investments in the energy efficiency of enterprises, support digital innovation in SMEs and acquiring digital equipment for schools and cultural institutions. In Italy, the national OP ‘Social Inclusion' will receive €90m to promote the social integration of people experiencing severe material deprivation, homelessness or extreme marginalisation, through ‘Housing First' services that combine the provision of immediate housing with enabling social and employment services.

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In Spain, €87m will be added to the ESF OP for Castilla y León to support the self-employed and workers who had their contracts suspended or reduced due to the crisis. The money will also help hard-hit companies avoid layoffs, especially in the tourism sector. Finally, the funds are needed to allow essential social services to continue in a safe way and to ensure educational continuity throughout the pandemic by hiring additional staff.

REACT-EU is part of NextGenerationEU and provides €50.6bn additional funding (in current prices) to Cohesion policy programmes over the course of 2021 and 2022. Measures focus on supporting labour market resilience, jobs, SMEs and low-income families, as well as setting future-proof foundations for the green and digital transitions and a sustainable socio-economic recovery.

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