Spain Gags Freedom of Expression and Assembly and Restricts the Right to Asylum

The Euro-Mediterranean Network for HumanRights (EMHRN), the World Organization Against Torture (OMCT), FIDH(International Federation for Human Rights), the European Association for theDefence of Human Rights (AEDH) and their member organisations strongly condemnthe law, aptly dubbed the “gag law”, and reiterate their serious concerns overthe growing restrictions on the right to freedoms of expression and peacefulassembly in Spain.

Under the pretext of ensuring public safety,the ‘’gag law’’ introduces administrative sanctions, some very severe, aimed atdissuading citizens from expressing their concerns through publicdemonstrations. This law criminalises new forms of collective action andexpression that have developed in recent years, including escraches (“demonstrations aiming at public denunciations”), sit-ins,“occupying” public spaces, peaceful “surrounding” of parliaments and “concertsof pots and pans”.

The Basic Law forthe Protection of Public Security imposes fines for organising public meetings anddemonstrations without prior notification, rendering spontaneous gatheringsimpossible regardless of their peaceful nature. Evenpeaceful assemblies in the vicinity of the Congress, the Senate or thelegislative assemblies of the Autonomous Regions can be considered “seriousoffence” punishable by a fine of up to 30,000 euros. The dissemination ofimages of the police officers and state security bodies will also be considereda “serious offence”, which could hinder the documentation of abuses committedby law enforcement personnel and reinforce the climate of impunity.

The law also consolidates the practice ofsummary expulsion of migrants from the Spanish enclaves of Ceuta and Melilla toMorocco, restricting the right to seek asylum and violating the principle ofnon-refoulement and the prohibition of collective expulsions.It further exposes migrants to a serious risk of torture and ill-treatment bydenying them the possibility of filing a claim against law enforcementpersonnel in case of abuse.

On 23 February 2015, five United Nationshuman rights experts urged Spain to reject the Basic Law on the Protection ofPublic Security, as it “violates the very essence of the right to assemblysince it penalizes a wide range of actions and behaviours that are essentialfor the exercise of this fundamental right, thus sharply limiting itsexercise.”

The Council of Europe’s Commissionerfor Human Rights, Nils Muiznieks, also expressed concerns over the threat thatthe law poses to the exercise of the right to peaceful assembly and stated that the proposal to legaliseautomatic and collective expulsions of migrants arrivingin Ceuta and Melilla is “unjust and illegal” under international law.

Our organisations urge Spain to repeal thislaw, which violates the Spanish constitution, international and European humanrights and refugee law. We also urge the EU institutions, in line with ourdemands expressed in a letter sent to European Commissioners and to themembers of the European Parliament's Civil Liberties, Justice and Home Affairs(LIBE) Committee earlier this year, to take a clear stand in order to protectthe fundamental values the EU is based on and take action to ensure that theseare not violated in EU member states. The European Commission as guardian ofthe treaties has especially to ensure compliance by member states with thefundamental rights and freedoms guaranteed by EU law, including the EU Charterfor Fundamental Rights.

ACSUR-Las Segovias - Asociación para laCooperación en el Sur

Asociación Pro Derechos Humanos de Andalucía(APDHA)

Asociación Pro Derechos Humanos de España(APDHE)

Euro-Mediterranean Human Rights Network(EMHRN)

European Association for the Defence of HumanRights (AEDH)

Federacíon de Asociaciones de Defensa yPromocíon de los Derechos Humanos

FIDH (International Federation for HumanRights)

Institut de Drets Humans de Catalunya (IDHC)

SODEPAU - Solidaritat, Desenvolupament i Pau

World Organisation Against Torture (OMCT)