Setting an Example?
Counter-Terrorism Measures in Spain

Executive Summary

Recommendations

Methodology

Background

Impact of the 11-M attacks on Spain’s Counter-terrorism Strategy

Regulation of mosques

Expulsion of foreign terrorism suspects

Impact of 11-M attacks on Moroccans and other Muslims in Spain

Counter-terrorism Measures in Spain

Spanish Legal System

Counter-terrorism Powers Under Spanish Law

Judicial Investigations into International Terrorism

Investigations into the 11-M attacks

Investigations into Al-Qaeda pre-dating 11-M

The Use of Incommunicado Detention

International Law and Standards

Spanish Law

Analysis of Concerns

Duration

Insufficient judicial supervision

Limitations on the right to counsel

Shortcomings in the right to a medical examination

Limitations on right to an interpreter

Limitations on Challenging the Lawfulness of the Detention

International Law and Standards

Spanish Law

Analysis of Concerns

Limitations on the Right to an Effective Defense

International Law and Standards

Spanish Law and Practice

Analysis of Concerns

Impact of limitations on the right to counsel during incommunicado detention

Impact of secret legal proceedings

Prolonged Pre-Trial Detention

International Law and Standards

Spanish Law

Spanish Practice

Analysis of Concerns

Conditions of Confinement

International Law and Standards

Spanish Law

Analysis of Concerns

Treatment in police custody and prison during incommunicado detention

Conditions in pre-trial detention

Dispersal of detainees

Acknowledgements

January 2005   Vol. 17, No. 1(D)

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