US embassy cable - 04MADRID822

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-1 
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