2023-12-28 14:00:00
Demonstration in support of the 1O in Barcelona, September 2017. AP Photo/ Emilio Morenatti
“The future amnesty law must fully guarantee the rights of victims of human rights violations and victims of crimes on the basis of strict compliance with international law. This must be the key to the future law, and therefore we have sent an analysis from Amnesty Law Proposal to the parliamentary groups in the Congress to modify it and ensure that it is perfectly aligned with international human rights standards. There are multiple aspects of this Bill that do not affect these rights and on which Amnesty International has no position, but there are others that clearly do,” stated Esteban Beltrán, director of Amnesty International Spain.
“We have sent an analysis of the Amnesty Law Proposal to the parliamentary groups in Congress so that they can modify it and ensure that it is perfectly aligned with international human rights standards”
Under this premise, Amnesty International reveals in its analysis some aspects of the Bill that should be modified to comply with international human rights standards. These aspects are the following:
Use excessive of the strength and rape victimsones of human rights: Although it is positive that the Law Proposal excludes from the amnesty acts classified as crimes of torture or inhuman treatment, however, it conditions this exclusion to a “minimum threshold of seriousness.” Amnesty International recalls that the European Court of Human Rights has stated that any unnecessary use of force by the police violates article 3 of the European Convention on Human Rights, and that, in these cases, amnesties are not permissible. Furthermore, the Committee against Torture In August 2023, expressed concern about the slow progress of the investigations into the police charges on October 1, 2017, as well as the various cases of serious injuries caused by the use of kinetic impact projectiles, and urged that any complaint of excessive use of force be investigated and reparations provided to victims. Since the organization documented cases of excessive use of force on the part of the Security Forces and Bodies during some events processsuch as during the referendum day of October 1, 2017 or the mobilizations against the Supreme Court ruling in October 2019, urges the modification of the Law Proposal to exclude from the amnesty all excessive use of force and allow the investigation and prosecution of such actions, including both the agents and their commanders if there are illicit orders, or deficiencies and other omissions in their superior responsibility. Besides, the Law Proposal does not sufficiently address reparation for these victims, which is why Amnesty International also urges that they be guaranteed effective repairensuring that their rights are recognized and that they are provided with the necessary assistance to overcome the consequences of excessive use of force.
Protection of the victims of crimes: Although the Bill preserves civil liability with respect to individuals who have suffered damages and maintains the compensation already granted by final judgment, it is not accompanied by reparation measures for victims of crimes. Amnesty International points out the need to guarantee complete reparation for these victims, in accordance with international human rights standards, including compensation and medical and social assistance measures, as established by the Recommendation of the Committee of Ministers of the Council of Europe on rights, services and support for victims of crime and the Declaration on the fundamental principles of justice for victims of crime and abuse of power from the UN. Examples of these victims may be injured police officers or people who are victims of attacks between protesters, sometimes resulting in serious injuries.
Effect of Amnesty on cwings of cwaves by he eexercise dupright humans: Amnesty International highlights the situation of Jordi Sanchez y Jordi Cuixartconvicted of sedition, as examples of an unjust conviction for peacefully exercising their rights to freedom of assembly and expression. Even though the Law Proposal contemplates the extinction of their criminal responsibility and cancellation of records, it does not annul the condemning judicial resolutions nor does it provide for any compensation or reparation for them, which contradicts international law, which in these cases establishes that judicial resolutions must be declared null and void. effects and that effective remedies are guaranteed for victims of human rights violations.
Exclusion of delitos of “terrorism”: Amnesty International has repeatedly warned about the broad definition of the crime of terrorism in the Penalty Codel Spanish, which has led to investigations and sanctions incompatible with international human rights standards. From the data and information available to Amnesty International, in investigations such as the one currently carried out by the National audience about Democratic Tsunami The threshold that, in accordance with international standards, is required to affirm that these are acts of a terrorist nature is not reached,as indicated by the United Nations Special Rapporteur on the Promotion and Protection of fundamental human rights in the fight against terrorism.The organization does not question whether or not some of these events may merit some type of criminal investigation, but it does consider that in no case should they be classified as “terrorism” crimes, as the organization has requested from the Public Prosecutor’s Office.
Context information
Amnesty International has referred to the parliamentary groups in the Congress of Deputies a comments document to the Proposal for an Organic Law of amnesty for institutional, political and social normalization in Catalonia. This Law Proposal It is the result of the agreements reached between some political parties to support the inauguration of Pedro Sánchez as president.
Yes ok International human rights law does not prohibit the promulgation of amnesties, it does consider that amnesties are not permissible if they prevent the prosecution of persons who may be responsible for human rights violations.. Those that deny the victims their rights are also not admissible. right to an effective remedyor that limit the right of victims or societies to know the truth about human rights violations.
Since the beginning of process, Amnesty International has made several public statements regarding the situation in Catalonia, focusing on human rights violations committed by the State in this context. Cases of excessive use of force by authorities have been documented and reported during the October 2017 referendum and protests against the ruling of the Supreme Court in October 2019. The organization has closely followed the case of the activists Jordi Sanchez y Jordi Cuixartdemanding his release from his arrest, as well as the withdrawal of the charges of sedition and rebellion. Amnesty International expressed concern about the sentence that sentenced both to 9 years in prison and disqualification for sedition, highlighting the ambiguity in the definition of this crime in the Penal Code. The organization positively welcomed the pardons granted to Sànchez and Cuixart, as it meant their release, but continues to monitor the process initiated before the European Court of Human Rightss.
In view of the potential implications for human rights, Amnesty International has undertaken the analysis of the Law Proposal with emphasis on the measures respecting international standards, avoiding impunity for human rights violations and putting the rights of victims at the center of the debate and the text. Prior to the registration of this law, the organization sent considerations to the parties involved in the negotiations, urging them to incorporate the human rights perspective during the negotiation of the bill.
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