The Defensor del Pueblo Annual Report 2015 presented before the Parliament reflects the changes in the manner of operation of this institution, as well as in the work itself. The principle intent of these changes have been to establish a better relationship with citizens based on their right to know the actions and reasons of public administrations, and of all public institutions and affairs that affect or interest them.
With the introduction of new information technologies in our daily work, not only have we facilitated and streamlined responses to citizens, we have also increased the effectiveness of the institution and the eagerness of all personnel to respond promptly and in manner completely comprehensible to those we are addressing.
Moreover, these technologies facilitate permanent contact with a greater number of citizens, associations, foundations, non-governmental organizations and all public administrations. These contacts serve to better convey information concerning our activities so that the greatest number of people possible can benefit from knowing this information. It also allows us to highlight issues of interest and the Defensor del Pueblo´s position on those issues.
Some of the changes introduced are presented below:
• Facilitate the process of presenting and following a complaint online, in a personalized and private manner, without the impairment of other procedures such as phone calls or written presentations.
• Simplifying letters to administrations highlighting the actions or information requested, with the object of facilitating responses.
• Give account of the time taken by the institution of the Defensor in responding to citizens, as well as of the time taken by the administrations in their responses.
• Report on the administrations that hinder the work of the Defensor, the delays in their responses and their geographical location.
• Update weekly the number of complaints received and the areas to which they pertain.
• Give weekly account of the number of ex officio actions, recommendations or suggestions issued, their basic content and the administration to which they are addressed.
• Enable the geographic localization of completed visits to detention centres and give an account of the recommendations made following the reports issued.
The Annual Report details the actions of the institution: it gives an account of statistical data related to our activities; the number of complaints received and their state in being processed; ex officio actions before administrations and resolutions issued to the same; the follow-up of these resolutions as well as requests for intervention before the Constitutional Tribunal. Logically, the report includes the responses of administrations (without revealing the personal information that ought to be kept private) and those resolutions still awaiting responses.
It also includes the most important actions of institutional representation: meetings with non-governmental organizations, associations and foundations in distinct cities and municipalities, international trips to participate in forums, assemblies and meetings with European, Mediterranean and Iberoamerican Ombudsmen, as well as visits carried out to internment centres for foreign nationals, centres for the deprivation of liberty, juvenile detentions centres and assisted living centres.
The chapter on transparency reports our itemized budget: the process of allotting resources, personnel costs, official travel and its reasons, as well as the structure of the institution, a chart of its organization and payments.
The report also details the digital transformation process carried out by the institution, which has culminated in the publication of a new website. This means a more simple, direct and constant relationship with citizens, and makes available all completed activities and connections which others that may be related. The homepage of the website highlights important or interesting issues, such as accepted recommendations concerning:
1. The protection of minors, victims and witnesses in penal processes.
2. The obligation to identify the risk of financial products through a colour coding system.
3. The “second opportunity” Law.
4. Access to public housing and the promotion of renting.
5. The equality of opportunity in the educational system for persons with disabilities.
6. The fundamental rights of people seeking asylum and international protection.
The National Mechanism for the Prevention of Torture (NMP), which implies the supervision of centres for the deprivation of liberty, is a capacity that falls to the institution according to a resolution by the Parliament since 2009. It also has a section in this chapter, although its activity is the subject of a specific report. That report will be presented in the Congress of Deputies and in the Senate, and has been presented before the United Nations Subcommittee for the Prevention of Torture.
Spain has overcome what some economists call “severe episodes of recession” between 2009 and 2014. For quite some time economic perspectives were very dark and worrisome for all areas of internal economic activity and especially for employment, and for the consequences for the image of Spain abroad.
Compared to previous months, 2015 has seen an improvement in the shortcomings and needs of citizens. However, the marks left by the various economic crises are still visible.
The Defensor del Pueblo has made sure to pay the most attention possible to those whose fundamental rights have been affected, and the 2015 Annual Report gives a detailed account of all actions carried out in relation to social and assistance policies.
The acts of terrorism we have seen committed in friendly countries close to us, as well as those in countries farther away that have cost so many lives—including those of our countrymen—prompts us to again firmly condemn all acts of terrorism and declare ourselves forever on the side of the victims. For this reason, and for the disgraceful experience of terrorism that we have in Spain, we have requested that the voice of victims may be heard in international organizations, and that through the work of Spanish officials abroad, the world gets to know the harm and pain caused by all terrorism.
We cannot share the position of countries that refuse to extradite terrorists that should be prosecuted in Spain, where their crimes were committed, and who doubt the guarantees of our Judicial Rule of Law. These are aberrant positions that indicate a complete unfamiliarity with our reality
We could not conclude the 2015 Annual Report without reference to the concern for the situation of all those who—as consequence of war, persecution and threats—have found it necessary to abandon their homes and lands: refugees, those seeking asylum and international protection. This institution has argued for reinforcing the attention paid to these people who arrive in Spain so that their situation may be resolved as soon as possible, their integration ensured, and the circumstances of minors can be especially attended to. We believe that the means to accomplish all this have been improved.
The actions of the European Union on this matter have also been an object of our greatest attention. In order to learn about the situation of people displaced for the expressed reasons, the Defensor has visited the refugee camp in Zaatari, near Amann. Upon return, the Defensor has written a document, addressed to the Spanish government, describing the efforts of national and international help in the camp, as well as the shortcomings and necessities observed.
In response to the Council of the European Union’s recommendation that states receive an established number of refugees—in accordance with their capacity—the Defensor del Pueblo has publicly supported this position and has recognized those states which are making it possible.
As a constitutional institution that supervises administrations and depends on none of them, the Defensor del Pueblo does not pronounce itself on electoral results or the formation of governments; it does, however, safeguard the fulfilment of the fundamental rights and liberties listed in the Spanish Constitution. Because of this, we must reiterate that national sovereignty resides in all the people, to whom the fundamental right to decide on the unity of the Spanish nation corresponds. It is the subjection of all citizens and public powers to the law that makes us equal in rights and obligations, and marks the difference between democracy and the abuse of power that leads to tyranny.
All the advances reached by the Spanish people in relation to rights, liberties and the essential separation of powers ought to be preserved, defended and passed on as accomplishments that allow us now, and in the future, to coexist in a social and democratic state of rights.
