The fight against terrorism and human rights in Spain

Abstract

The objective of this study is to examine whether Spain is combating terrorism whilst simultaneously respecting fundamental human rights and liberties, in particular, with respect to the right to freedom from torture, the right of liberty and security of person, the right to a fair trial and the right to private and family life. This will be done by analyzing the Spanish anti-terrorism legislation and practices, together with their compatibility with Spanish obligations under international human rights laws. The first chapter tackles the history of ETA as the major terrorist organization in the recent Spanish history and its status under the rule of General Franco. The second chapter deals with the democratic transition in Spain, Spain's accession to international human rights legal instruments, domestic legislation, constitutional provisions and practices countering terrorism, with special analysis of the Spanish criminal justice system. The third chapter discusses the fight against terrorism during the rule of the socialist party in the 1980s until mid 1990s, with a focus on the GAL strategy as a mechanism to counter-terrorism. The fourth chapter deals with the anti-terrorism fight under the popular party and the current socialist governments, with Islamic terrorism as a new dimension added to the Spanish fight against terrorism. The last chapter explores the role of the EU in combating terrorism, and the Spanish contribution in this regard.