UN 42nd Session of the Human Rights Council
Oral Statement about the misuse and abuse of the pretrial detention and the FIES system: the Kokorev case
In September 2015, the Kokorev family was arrested in Panama on vague charges of alleged money laundering and agreed to be extradited to Spain, where they were placed under pre-trial detention. On 1st August 2017, a judge tried to extend their pre-trial detention for two additional years.
Although they were non-violent and non-dangerous persons, they were detained under the FIES 5 system of surveillance of prisoners reserved to terrorists, war criminals and sex offenders. This resulted in unfair detention conditions and extensive pretrial detention periods.
The Kokorev case in particular underscores concerns expressed in prior UPR cycles regarding pretrial detention in Spain, such as its appropriateness, its excessive length[1], and the secreto de sumario regime[2], under which the evidence and the reasoning for decreeing pretrial detention may be withheld from the detainee.
We recommend that Spain:
- Reform the FIES system by publicly outlining specific criteria for each status from FIES 1 to 5 and clarify a chain of command and decision-making process for the placement of prisoners under each of the FIES statuses;
- Dramatically improve conditions in both prisons in Gran Canaria;
- Review the implementation of the relevant directives of the European Parliament and of the Council outlawing the secreto de sumario
For more information, see
http://ap.ohchr.org/documents/alldocs.aspx?doc_id=31560
[1] CCPR/C/ESP/CO/5, p. 15 http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2fPPRiCAqhKb7yhsqX7R5nHBFqJOu4nx7MjbHIQGRVVU9lYMm7%2fVNRMQDQGFNX4tfS%2f2GVjoUvq1PfNmfs6EDcgUT1eQlxtxhEEN3DQz6o4Ev0FGnsaY2TBcV7U
[2] CCPR/C/ESP/CO/5, p. 18
2019.10.08-C7-La-familia-Kokorev-lleva-su-caso-a-la-ONU
