ACT  24/2009, of December 23, on the Síndic de Greuges (hereafter "the Catalan Ombudsman") (Official Bulletin of the Generalitat of Catalonia number 5536 of 12 30 2009) 

Preamble

Article 78 of the Statute regulates the Catalan Ombudsman institution, attributing to it its basic competencies. Article 79 determines its principles of organization and operation. Section three of the aforementioned Article 79 establishes the requisite to regulate by law the personal statute, incompatibilities and grounds for dismissal of the Catalan Ombudsman or Ombudswoman, the organization and attributes of the institution, and stipulates that the Catalan Ombudsman shall enjoy regulatory, organizational, functional and budgetary autonomy, pursuant to the law.

This law, in compliance with this concept, and with the character of the implementing rules attributed by Article 62.2 of the Statute to the direct regulation of the Catalan Ombudsman, replaces Law 14/1984, of March 20, on the Catalan Ombudsman, amended by Law 12/1989, of December 14, which were regulations that had to be adjusted to the new statutory framework.

Title I of the Law features the general articles, the first of which defines the purpose of said law: first, to regulate the Catalan Ombudsman institution, pursuant to the statutory mandate; second, to grant the Catalan Ombudsman the status of Catalan authority for the prevention of torture and other cruel, inhuman or degrading treatment, under the optional protocol to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment, adopted by the General Assembly of the United Nations through resolution 57/199, of December 18, 2002, and ratified by Spain on March 3, 2006.

The second article of the Law, which defines the nature and principles of the Catalan Ombudsman's activity, establishes that the holder of this post may be designated síndic de greuges (Catalan Ombudsman) or síndica de greuges (Catalan Ombudswoman), depending on whether it is held by a man or woman, thus specifically stating the full legal validity of the two names, which are perfectly equivalent. Thus, the Law makes the name used in the Statute to designate the Generalitat de Catalunya (hereafter Autonomous Government of Catalonia) institution responsible for supervising the protection and defence of persons' rights and freedoms compatible with the non-discriminatory uses of language.

Title I also determines the scope of the Catalan Ombudsman's activity, the competencies of the institution and principles that must govern the exercise of its duties. It also obliges the Catalan Ombudsman to adopt a charter defining the rights of users of the institution's services.

Title II establishes the statute of the Catalan Ombudsman or Ombudswoman, pursuant to the terms of article 79 of the Statute. The Law regulates the incompatibilities, procedure of election, term duration (which is extended to nine years), and establishes the impossibility for re-election, in order to guarantee and reinforce the institution's independence. Logically, these precepts are only applicable to the persons elected according to this law. Title II also regulates aspects related to the Catalan Ombudsman or Ombudswoman's prerogatives and guarantees, and determines the formal treatment he or she is to be given. The title concludes with detailed rules (also required by the Statute) on the grounds for dismissal or suspension of the Catalan Ombudsman or Ombudswoman from the office.

Title III is devoted the Catalan Ombudsman's deputies: first, the general deputy and the deputy for the defence of children and adolescent rights, of mandatory appointment; and second, the optionally-created sectorial deputies. All deputies shall be subject to the same code of incompatibilities applied to the Catalan Ombudsman or Ombudswoman and shall have the same guarantees in the exercise of their duties. The Catalan Ombudsman or Ombudswoman may freely determine their appointment, which shall require parliamentary ratification, as well as their dismissal.

Title IV specifies the subjects that, by virtue of article 78.1 of the Statute, are subject to the Catalan Ombudsman's supervision. It determines the subjects recognized as able to act before the institution and lastly, defines the general procedural principles.

Title V, which features detailed regulation of the Catalan Ombudsman's activities, outlines first the processing of complaint proceedings and ex-officio actions, and the processing of the subsequent investigative procedures, and also determines the content and format of the Catalan Ombudsman's decisions which conclude these proceedings.

Second, this Title establishes the reconciliation, mediation and resolution of disputes as possible formulas for resolution of conflicts that have given rise to investigation procedures. The application of these optional coordination formulas requires the prior consent of the parties affected.

Lastly, the title refers to the requests for rulings from the Council of Statutory Guarantees. It endows the Catalan Ombudsman with other intervention instruments, such as the request for internal audits or inspections, the performance of studies or reports, and regulates the formalities for information requests addressed to the Catalan Ombudsman.

Title VI regulates the requirement to collaborate in all matters supervised by the Catalan Ombudsman and establishes guarantee mechanisms for cases of lack of collaboration and cases of non-compliance with the decisions handed down by the Catalan Ombudsman.

Title VII, which concludes this section of the Law devoted to the organization of procedures in which the Catalan Ombudsman takes part, regulates the parliamentary formalities of reports and the Catalan Ombudsman's relations with Parliament in general.

The second purpose of the Law is to attribute to the Catalan Ombudsman the condition of Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, in the framework of the United Nations Protocol referred to in article 1.b of the Law and under article 196.4 of the Statute, which charges the Autonomous Government of Catalonia to adopt (within the scope of its competencies) the measures necessary to carry out the obligations derived from international treaties and conventions.

In this regard, the Law adheres to the aforementioned Protocol, which states that in a single state there may co-exist various independent national mechanisms with this purpose, and that these bodies, in the case of decentralized states such as Spain, may be designated "national prevention mechanisms" for the purposes of the Protocol, if they comply with the terms it contains. That is why article 68 of the Law, by defining the competencies of the Catalan Ombudsman as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment establishes the correspondence between this body and the national torture prevention mechanisms in the terms expressly defined for decentralized ambits in article 17 of the aforementioned Protocol.

Thus, Title VIII specifies the functional ambit and scope of the Catalan Ombudsman's attributed competencies in torture prevention, and also determines the need for the Autonomous Government of Catalonia to promote the formalization of a collaboration agreement with the state that allows the Catalan Ombudsman to act as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in realms of state competency and that allow it to coordinate its activity in this subject with that of the corresponding state-level authority.

Last, Title VIII provides for creation of the Task force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Advisory Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. These bodies must assist and advise the Catalan Ombudsman institution in the exercise of its duties in the field, and guarantee fulfilment of the principles of civil society participation, independence, publicity and plurality, to which the optional Protocol devotes special attention.

Title IX regulates institutional relations and exterior projection activities of the Catalan Ombudsman, and emphasizes the collaborative relations between the Catalan and Spanish Ombudsmen (Defensor del Pueblo), especially as regards supervision of the Spanish administration's activity in Catalonia. This collaboration is fully compatible with respect for the bodies' respective realms of competency.

The Law also recognizes the role of local Ombudsmen, and establishes the need for mutual collaboration between these local Ombudsmen and the Catalan Ombudsman's office, which must also seek collaborative relations with other similar institutions, from the public and private sectors, and with autonomous, state or supranational authorities who work to guarantee the free exercise of rights and freedoms, without overlooking private entities and associations working in these realms.

The legal stipulations of the Law are concluded with Title X, which regulates the organization and operation of the institution, as subject to the applicable rules.
The final part of the law is made up of four transitional provisions, three amending provisions and a final provision.

The transitional provisions guarantee the continuity of the proceedings underway at the time this Law comes into force, declare the transitional validity of the internal regulations and regulate the maintenance of job posts for the staff members in the employ of the Catalan Ombudsman's office.

The provisions amending the law in force include the repeal, although with a transitional exception, of Law 14/1984, of March 20, on the Catalan Ombudsman, amended by Law 12/1989, of December 14.

Title I

General provisions

Article 1

Purpose of the Law

The objective of this law is:

a) To regulate, in accordance with article 79.3 of the Statute, the Catalan Ombudsman, an institution of the Autonomous Government of Catalonia whose role is to protect and defend constitutional and statutory freedoms, in the realms and the ways determined by the Statute, by these basic implementing rules and any other applicable laws.

b) To designate the Catalan Ombudsman as the Catalan authority for the prevention of torture and other cruel, inhuman or degrading punishment, in the scope of activity established by articles 3.1 and 69.

Article 2

Nature and principles of activity

1. The Catalan Ombudsman, an institution of unipersonal nature, shall enjoy regulatory, organizational, functional and budgetary autonomy, pursuant to the law.
2. The office-holder of the Catalan Ombudsman's office is elected by Parliament. The office shall receive the name síndic de greuges (Catalan Ombudsman) or síndica de greuges (Catalan Ombudswoman).
3. The Catalan Ombudsman shall exercise his/her competencies with impartiality, objectivity and independence.
4. The Catalan Ombudsman normally conducts relations with the Parliament through the Catalan Ombudsman commission, constituted for such purpose.
5. The Catalan Ombudsman shall present to Parliament an annual report on the institution's activities.

Article 3

Scope of activity

1. The Catalan Ombudsman shall supervise the activity of administrations, organizations, companies and persons referred to in Article 78.1 of the Statute.
2. The Catalan Ombudsman may supervise the activity of the general Spanish administration in Catalonia, in the cases and terms expressly agreed with the Spanish Ombudsman.
3. The Catalan Ombudsman, in fulfilment of his duties of protection and defence of rights and freedoms, may address any authority, body and staff members of any public administration with premises in Catalonia.

Article 4

Competencies

The Catalan Ombudsman works to ensure the protection and defence of the rights and freedoms recognized by the Constitution, Statute, and relevant implementing rules, as well as the protection and defence of children and adolescent rights recognized by the United Nations Convention on Children's Rights and legislation regarding children and adolescents, and, in fulfilment of these duties, exercises the following competencies:

a) Investigate and resolve complaints filed with the Ombudsman's office and the ex-officio actions it conducts.
b) If necessary, within an investigation and in the terms and areas established by article 78 of the Statute, request that the administration bodies conduct audits or internal inspections.
c) Work to ensure that the administrations guarantee the right to good administration and the right to access in equal conditions all public services and economic services of general interest.
d) Carry out general studies on the operation of administrations, bodies and companies subject to the Ombudsman's supervision, and collaborate with the aim of improving the action criteria and establishing standards of quality for the services rendered.
e) Write reports on the compliance with the decisions handed down by the Ombudsman's office in the exercise of its duties.
f) Write reports related with subject matter of the Ombudsman's competency.
g) Request a ruling from the Council of Statutory Guarantees in the cases determined by the Statute and Council of Statutory Guarantees Act.
h) Suggest or recommend, resulting from an investigation, the approval of a regulatory provision or amendment of the rules in force, the application of which could, in the Ombudsman's opinion, lead to unfair results or unnecessary damages.
i) Promote reconciliation and carry out, if necessary, within its scope of activity, mediation or dispute settlement duties.
j) Handle the queries addressed to the institution, within its scope of activity, by the persons, bodies or institutions entitled to do so.

Article 5

Charter of rights for users of the Catalan Ombudsman's services

The Catalan Ombudsman shall adopt a charter of rights for users of the Catalan Ombudsman's services. It must make it known to the Catalan Ombudsman Commission, and order its publication in the Official Journal of the Generalitat de Catalonia.

Title II

Statute of the Catalan Ombudsman or Ombudswoman

Chapter I

Election, term and incompatibilities

Article 6

Conditions of eligibility

To be elected Catalan Ombudsman or Ombudswoman, the candidate must be of full legal age, have the political condition of Catalan and be in full use of their civil and political rights.

Article 7

Grounds for incompatibility

1. The condition of Catalan Ombudsman or Ombudswoman is incompatible with:

a) Holding any representative office.
b) Belonging to, and carrying out executive duties in, political parties, trade unions or business associations.
c) Being a member of the Council of Statutory Guarantees or the Constitutional Court.
d) Holding any political office or administrative role in organizations at the international, European, Spanish, autonomous community or local level.
e) The exercise of judicial, public prosecutor or military careers.
f) Any professional, business, industrial or occupational activity.
g) The provision of services and the exercise of any activity in the administrations, bodies and companies referred to in article 26.

2. Any Catalan Ombudsman or Ombudswoman-elect affected by any grounds of incompatibility must resolve it before taking office. To this end, he/she must resign from the incompatible office or activity, or go on a leave of absence, within eight days following the election. Otherwise, the appointment shall be considered refused.

3. If a Catalan Ombudsman or Ombudswoman is affected during his/her term by any grounds of incompatibility, he/she must resign from the incompatible office or activity, or go on a leave of absence, within eight days following the disclosure of the incompatibility. Otherwise, it shall be considered that the Ombudsman/Ombudswoman has resigned from the office.

Article 8

Election procedure

1. The election procedure for the Catalan Ombudsman or Ombudswoman shall follow these formalities:

a) The presidency of the Parliament, within 10 days counting from the time in which the post is vacant, declares the election process formally open, and a one-month period is opened for the parliamentary groups to present candidacies.
b) The candidates proposed appear before the Catalan Ombudsman Commission, which sends to the Presiding Board of Parliament its opinion on the suitability of the candidates and any possible grounds for incompatibility.
c) The Presiding Board of Parliament proposes a candidate for the office and the presidency of Parliament calls the necessary plenary assembly.
d) The plenary assembly of Parliament, in a session called solely for this purpose, elects the Catalan Ombudsman or Ombudswoman by a three fifths majority.

2. In the event that, in the plenary assembly for the election of the Ombudsman or Ombudswoman, the candidate proposed does not get the necessary majority, a one-month period in which to present new candidacies is opened, and the election process is begun again.

3. Once the Catalan Ombudsman or Ombudswoman is elected by the plenary assembly of Parliament, the president of Parliament announces the election, which must be immediately communicated to the president of the Autonomous Government of Catalonia, and orders publication of the election in the Official Journal of the Parliament of Catalonia and the Official Journal of the Generalitat of Catalonia.

4. For any matters not regulated by sections 1, 2 and 3, the Rules of Procedure shall be applicable.

Article 9

Swearing-in

The Catalan Ombudsman or Ombudswoman shall be sworn in before the Presiding Board of Parliament, in a ceremony in which he/she shall promise or swear to uphold the Constitution and the Statute.

Article 10

Length of term

The Catalan Ombudsman or Ombudswoman shall be elected for a period of nine years, and can not be re-elected for the following term.

Article 11

Statement of interests

1. The Catalan Ombudsman or Ombudswoman must file with Parliament a statement of their professional, business, industrial or occupational activities that could be grounds for incompatibility, or a statement certifying that they exercise no activity that could be considered incompatible. Furthermore, they must file a personal property statement, listing all owned properties, rights and obligations. The Catalan Ombudsman or Ombudswoman must attach to this second statement copies of their latest income tax and property tax statements, or authorize Parliament to gather this information directly from the Treasury.

2. The Catalan Ombudsman or Ombudswoman must file the statements mentioned in section 1 upon taking and leaving office, and in the event of changes in the content of the statements filed, in all cases within one month counting from the event that caused the statement to be filed.

Chapter II

Prerogatives, guarantees and formal treatment

Article 12

Prerogatives and guarantees

1. The Catalan Ombudsman or Ombudswoman shall be inviolable, pursuant to the rules in force, for the opinions he or she gives, and the actions carried out in the exercise of the office's competencies.

2. The Catalan Ombudsman or Ombudswoman can not be removed from office, and may only be terminated or suspended on the grounds established in this law.

3. The Catalan Ombudsman or Ombudswoman shall not be subject to any imperative mandate.

4. The Catalan Ombudsman or Ombudswoman may only be held or detained in accordance with the terms established by the rules in force, in case of a flagrant offence.

5. Cases against the Catalan Ombudsman or Ombudswoman shall be heard by the forum established in procedural law, and by the rules applicable in the realm of prerogatives and guarantees.

Article 13

Formal treatment

In matters of protocol, the Catalan Ombudsman or Ombudswoman shall receive the formal treatment, and occupy the preeminent place that corresponds to his/her highest duties, pursuant to the relevant regulations.

Chapter III

Dismissal and suspension

Article 14

Grounds for dismissal and suspension

1. The Catalan Ombudsman or Ombudswoman shall be removed from office for any of the following reasons:
a) Conclusion of term.
b) Resignation, formalized in writing.
c) Loss of Catalan political condition.
d) Judicial ineligibility for the exercise of political rights, as determined by an enforceable judicial decision.
e) Conviction, by enforceable sentence, for any malicious activity.
f) Clear negligence in fulfilment of the duties inherent to the office, if so agreed by a three-fifths majority of the members of parliament, in a specific debate held at the request of three parliamentary groups or a third of the members of parliament. The Catalan Ombudsman or Ombudswoman may attend the debate, and is entitled to take the floor prior to the vote.
g) Death, or a severe illness that disables them from exercising their duties.

2. The Catalan Ombudsman or Ombudswoman may be suspended from the office for any of the following reasons:
a) Severe illness that temporarily disables them for the exercise of their duties.
b) Judicial decision of temporary imprisonment, freedom on bail, or indictment for offences committed in the exercise of their duties or any other malicious activity.
c) Court trial for the ineligibility of the exercise of political rights.

Article 15

Dismissal and suspension procedures

1. The responsibility for declaring the dismissal of the Catalan Ombudsman or Ombudswoman from office corresponds to the Presidency Department of the Parliament, which must immediately report it to the plenary assembly.

2. The responsibility for declaring the suspension of the Catalan Ombudsman or Ombudswoman from office corresponds to the Catalan Ombudsman Commission, pursuant to the terms determined by the Rules of Procedure.

Article 16

Exercise of the office as acting Ombudsman in case of dismissal or suspension

1. When their term of office concludes, the Catalan Ombudsman or Ombudswoman shall continue in the post until their successor is sworn in.

2. In case of dismissal from the office of Catalan Ombudsman or Ombudswoman on grounds other than those of conclusion of term, the duties will be assumed by the general deputy until the new Catalan Ombudsman or Ombudswoman is sworn in, except in the cases described in article 25.1.

3. If the Catalan Ombudsman or Ombudswoman is suspended from office, the duties will be temporarily assumed by the general deputy, except in the cases described in article 25.1.

Title III

Deputies to the Catalan Ombudsman

Chapter I

Deputies to the Catalan Ombudsman

Article 17

Types of deputies

The Catalan Ombudsman or Ombudswoman appoints:

a) A general deputy.
b) A deputy for the defence of children and adolescent rights.
c) Any other sectorial deputies that the Catalan Ombudsman Commission, at the Catalan Ombudsman's proposal, agrees to create.

Article 18

General deputy

1. The general deputy shall assist the Catalan Ombudsman or Ombudswoman in the exercise of the office, and take on the duties delegated to them, including those relative to the institution's governance.

2. The general deputy shall substitute the Catalan Ombudsman or Ombudswoman in the cases described in article 16, and shall also do so by delegation in case of absence. In either case, the general deputy shall enjoy the same prerogatives and guarantees as the Catalan Ombudsman or Ombudswoman in the terms established in article 12.

Article 19

Sectorial deputies

The sectorial deputies shall assist the Catalan Ombudsman or Ombudswoman in a specific area, and shall exercise the duties delegated to them by the Catalan Ombudsman or Ombudswoman in that realm.

Article 20

Deputy for the defence of children and adolescent rights

The deputy for the defence of children and adolescent rights shall assist the Catalan Ombudsman in the exercise of competencies related to the protection and defence of children's and adolescents' rights as established by the United Nations Convention on Children's Rights and all other legislation on children and adolescents, and exercises the duties that the Catalan Ombudsman or Ombudswoman delegates to them in this subject matter.

Chapter II

Statute of the deputies to the Catalan Ombudsman

Article 21

Conditions of eligibility and grounds of incompatibility

1. To be appointed deputy to the Catalan Ombudsman, the conditions of eligibility established in article 6 must be fulfilled.
2. The deputies to the Catalan Ombudsman shall be subject to the code of incompatibilities established in articles 7 and 11.

Article 22

Appointment

The deputies to the Catalan Ombudsman shall be appointed by the Catalan Ombudsman or Ombudswoman, who must submit the appointment to the Catalan Ombudsman Commission. If approved by the Commission, the Catalan Ombudsman or Ombudswoman confirms the appointment and orders its publication in the Official Journal of the Generalitat de Catalonia.

Article 23

Legal system and legislation

The legal system applicable to the Catalan Ombudsman's deputies is that of temporary staff.

Article 24

Guarantees

The deputies to the Catalan Ombudsman shall enjoy, in the exercise of their duties, and pursuant to the legislation in force, the guarantees established in article 12, sections 1 and 3.

Article 25

Dismissal

1. The deputies to the Catalan Ombudsman may be freely dismissed by the Catalan Ombudsman or Ombudswoman, who must notify the Catalan Ombudsman Commission of the dismissal. In all cases, the deputies are dismissed from office when a new Catalan Ombudsman or Ombudswoman takes office.

2. The dismissal of a deputy Catalan Ombudsman shall be published in the Official Journal of the Generalitat de Catalonia.

3. The general deputy can not be dismissed during the processing of a dismissal or suspension in the exercise of the office of the Catalan Ombudsman or Ombudswoman by virtue of the terms of article 15.

Title IV

Activity of the Catalan Ombudsman

Chapter I

Supervision activity

Article 26

Parties subject to supervision

In the exercise of its competencies, the Catalan Ombudsman institution shall supervise the activity of the following parties:

a) The administration of the Autonomous Government of Catalonia
b) Local administrations.
c) Public or private bodies affiliated with the Autonomous Government of Catalonia or the local administration, or that depend on them, even in cases of autonomous bodies, public companies, agencies, corporations, civil societies, companies, consortia, and public and private foundations in the terms outlined in article 78.1 of the Statute.
d) Private companies that manage public services or that carry out, through agreements or concessions, activities of general or universal interest or their equivalent, and other persons contractually linked with the administration of the Autonomous Government of Catalonia or with the public bodies that depend on it, in the terms outlined in article 78.1 of the Statute.
e) The Justice Administration in Catalonia, as concerns matters relative to human or material resources, in all that is competency of the Autonomous Government of Catalonia.
f) Universities of the university system of Catalonia, be they public or private, and the organizations, bodies and foundations depending on them, whatever their legal relationship, in the terms outlined in article 78.1 of the Statute.

Chapter II

Legitimization to act before the Catalan Ombudsman

Article 27

Legitimate parties

1. Any natural or legal person is entitled to address to Catalan Ombudsman in order to:

a) File a complaint or make a query, if the party has a legitimate right or interest with respect to the subject matter of the complaint or query.
b) Request initiation of an ex-officio action, if the complaint is on a violation of constitutional or statutory rights or freedoms in the defence of third parties or generic groups.

2. The legitimation recognized in section 1 is not limited by the existence of a special relationship of submission or dependence with respect to an administration or public authority, nor for reasons of domicile, or, in the case of natural persons, reasons of nationality, age, legal ineligibility, detention in a penitentiary centre or deprivation of freedom.

3. The following parties are fully legitimized to file a complaint with the Catalan Ombudsman institution, request that it begin an ex-officio action or address it with a query:
a) Members of Parliament.
b) Members of the Spanish Parliament (Cortes Generales) elected from Catalan voting districts and senators appointed by Parliament in representation of the Autonomous Government of Catalonia.
c) Parliamentary committees.
d) Local elected officials, with respect to matters that affect their territorial realm of activity.

Chapter III

Form and nature of the activities

Article 28

Telematic processing

The Catalan Ombudsman shall promote filing and processing of complaints, requests, queries and other communication by telematic media.

Article 29

Access free of charge

1. The Catalan Ombudsman's activity is free of charge for the interested party.

2. No assistance from an attorney or procedural representation shall be necessary to act before the Catalan Ombudsman.

Article 30

Data confidentiality and protection

1. The activities of the Catalan Ombudsman over the course of an investigation shall be carried out with the utmost confidentiality and discretion, without prejudice to reference being made to them in the reports to Parliament, should the Catalan Ombudsman deem it appropriate.

2. The Catalan Ombudsman's reports must omit any personal data that could make possible the identification of the interested parties in an investigation procedure, without prejudice to the terms of article 61.4.

3. The Catalan Ombudsman shall hand down the relevant instructions, in accordance with the legislation in force, to guarantee the legal security of the telematic formalities and protection of personal data included therein.

Article 31

Intangibility of administrative and judicial time frames

The activities of the Catalan Ombudsman shall not alter the established time frames in which to take the relevant actions by administrative or jurisdictional methods.

Article 32

Continuity of activities

The Catalan Ombudsman's capacity for action, and citizens' right to file complaints and requests with the institution shall not be limited or interrupted in the periods between legislatures, nor by the declaration of a state of emergency or siege, without prejudice to the terms of article 55 of the Constitution.

Title V.

Process of proceedings

Chapter I

Complaint and ex-officio proceedings

Section one

Filing of complaints and requests for ex-officio action

Article 33

Subject matter of complaints and requests

Complaints and requests for ex-officio action are meant to urge the Catalan Ombudsman to investigate events in which the activity or inactivity attributable to administrations, bodies, companies or persons referred to in article 26 may have violated constitutional or statutory rights or freedoms.

Article 34

Means of filing complaints and requests

1. Complaints and requests for ex-officio action can be filed with the Catalan Ombudsman:

a) In writing, presented to the institution's registry, on physical or electronic media, in accordance with applicable regulations.
b) In person.
c) By any other means authorized by the Catalan Ombudsman.

2. The Catalan Ombudsman staff shall transcribe, whenever necessary, the complaints and requests presented in person, so that the claimants can sign them, if necessary, after having read them.

3. The identity of the persons filing the complaint or request, and the date of filing must be accredited in all cases, whatever the means used for filing.

Article 35

Content of complaints and requests

1. Complaints and requests for ex-officio action must specify the violation of constitutional or statutory rights or freedoms that makes up the claim subject matter. They must also include the identity and address for service of the persons filing them.

2. Complaints and requests for ex-officio action must have attached the documentation available to accredit the violation that makes up the complaint subject matter, and the documents deemed necessary by the Catalan Ombudsman, in any legally-allowed medium.

Article 36

Term of complaint or request filing

No complaints or requests for ex-officio action can be filed with the Catalan Ombudsman if over a year has passed since the deeds that make up the claim subject matter took place.

Article 37

Registry and administrative acceptance of complaints and requests

The Catalan Ombudsman shall register the complaints and requests for ex-officio action filed, confirm reception, determine the administrative acceptance or rejection and notify the interested parties of the decision taken. In case of rejection, the decision must be grounded.

Article 38

Grounds for rejection of complaints and requests

The Catalan Ombudsman can not accept the complaints and requests for ex-officio action filed with the institution if:

a) They are not within the Catalan Ombudsman's material realm of competency.
b) They are anonymous.
c) The claimants do not have a legitimate right or interest, in the case of a complaint.
d) They bring forth a matter that has already been the subject of a judicial ruling.
e) They are related to actions against which a complaint or appeal has already been filed with the bodies of ordinary jurisdiction or before the Constitutional Court.
f) If there is bad faith or an abuse of the procedure in order to disrupt or paralyze the activity of administrations, bodies, companies or persons who are the object of the investigation.
g) They are completely ungrounded.
h) They do not have attached the necessary documents, or the documents requested by the Catalan Ombudsman by virtue of the terms of article 35.2 are absent.
i) The legitimate rights or interests of third parties could be damaged.
j) The term specified in article 36 has already elapsed.

Article 39

Lack of prior action before the administrations

1. Upon receiving a complaint that has not been previously addressed to the competent administration due to the actions that make up the complaint subject matter, the Catalan Ombudsman must report to said administration for it to respond, unless the claimant has with this administration a special relationship of submission or dependence. If, in a term of 15 days, which may be extended another 15 days by the Catalan Ombudsman depending on the concurrent circumstances, the affected administration has not reported on the actions taken in response to the complaint, the Catalan Ombudsman shall take the necessary course of action.

2. Upon receiving a complaint or request for ex-officio action related to the operation of the Justice Administration in Catalonia, the Catalan Ombudsman may take the actions considered necessary to delimit the nature and scope of the claim and determine if, by virtue of article 26.e, the Catalan Ombudsman institution is competent to administratively accept it. For this purpose, the interested party can be referred to the bodies that make up the justice administration in Catalonia, the autonomous government ministry with competency in judicial affairs and any other organization, corporation, body or professional who could provide the necessary information. If the complaint or request is administratively accepted, the Catalan Ombudsman must forward it to the Justice Council of Catalonia or the High Court of Justice of Catalonia, without prejudice to having to refer to it in the annual report to Parliament.

Article 40

Accumulation of proceedings

The Catalan Ombudsman can accumulate the processing of complaints and requests for ex-officio action related to the same deeds, and that bring forth like claims.

Section two

Ex-officio actions

Article 41

Ex-officio actions

1. The Catalan Ombudsman can investigate ex-officio, by the institution's own initiative or at the behest of legitimate parties as per sections 1.b and 3 of article 27, the deeds in which the activity or inactivity attributable to the administrations, organizations, companies or persons referred to in article 26 may have violated constitutional or statutory rights or freedoms.

2. The Catalan Ombudsman shall adopt the agreement to act ex-officio by means of a grounded decision, in which the allegedly violated rights or freedoms must be indicated.

3. The Catalan Ombudsman shall report the result of an ex-officio action, respecting the regulations on personal data protection, to the persons who have been the object of the alleged violation of rights or freedoms and if applicable, those who requested the ex-officio action.

4. Ex-officio actions are not subject to any preclusive term.

Chapter II

Investigation procedures

Section one

Process of proceedings

Article 42

Opening

1. Once a complaint has been administratively accepted or it has been agreed to begin an ex-officio action, the Catalan Ombudsman opens the relevant investigation proceedings.

2. When an investigation is opened, the Catalan Ombudsman shall notify the bodies or persons who will be the object of it, in addition, when relevant, to the administration, the organization or company they report to or with which they are affiliated. The notification must indicate the grounds and purpose of the proceedings, and must have attached copies of the documentation provided by the claimant filing the complaint or requesting the ex-officio action, whenever applicable. The bodies or persons who are the object of the investigation have a term of 15 days, which may be extended another 15 days by the Catalan Ombudsman, to send the Ombudsman a report on the investigated deeds, to which all relevant documents must be attached.

3. When considered necessary by the Institution for the benefit of the proceedings, it may request collaboration from experts in the field under investigation, which will be subjected to the code of confidentiality applied to staff members in the employ of the Catalan Ombudsman.

Article 43

Communication with persons deprived of liberty

Deprivation of liberty does not impede communication with the Catalan Ombudsman, except in the cases determined by law.

Article 44

Suspension of an investigation due to concurrence with judicial proceedings

The Catalan Ombudsman may suspend the processing of any investigation if it comes to the institution's attention that a complaint or appeal has been accepted, or that any other action has been taken in the courts with respect to the subject matter of its investigation. The Catalan Ombudsman shall always suspend the investigation if all the evidence has been heard in the trial.

Article 45

Evidence of violations

If any evidence of administrative or criminal violations appears over the course of an investigation, the Catalan Ombudsman must notify the competent administrative authority or the Public Prosecutor's Office, as relevant.

Section two

Resolution of proceedings

Article 46

Form and content of decisions

1. The Catalan Ombudsman concludes the investigations with a grounded decision, which must indicate whether in the deeds investigated the institution considers there to be any violation of the constitutional or statutory rights or freedoms.

2. If the Catalan Ombudsman institution considers that there has been a violation of constitutional or statutory rights in the affairs investigated, it may, through the decision that closes the proceedings:

a) Specify the unfulfilled legal obligations, and urge compliance.
b) Suggest, if it considers that the application of a valid law could lead to an unfair result or cause unnecessary damage, the adoption of organizational measures or the approval of interpretative criteria that make it possible to avoid these effects.
c) Suggest or recommend the approval of regulatory or amending provisions to the laws in force.
d) Urge the administrations, organizations, companies and persons referred to by article 26 to:
First. Exercise their powers of organization, inspection or penalization.
Second. Resolve in the form and term established the requests and appeals that have been presented to them.
Third. Fulfil the claimed benefit, or improve its quality, within the actual availability.
e) Give other suggestions, recommendations or warnings with relation to the protection of the violated rights or freedoms.

3. The Catalan Ombudsman's decisions do not modify or annul administrative actions or legal provisions.

Article 47

Notification of decisions

1. The Catalan Ombudsman shall notify of the decisions handed down as conclusions of investigation proceedings:
a) The parties that have filed the complaint or request for ex-officio action, as relevant.
b) The administrations, organizations, companies or persons that have been under investigation, the persons under whose service the conduct giving rise to the proceedings occurred (if their identity is known), and the relevant hierarchical superiors.

2. In the event that the decision handed down as the conclusion of investigation proceedings reveals the existence of administrative inactivity or passivity, the Catalan Ombudsman may notify the hierarchical superiors of the persons responsible for this behaviour, and convey to them the suggestions or recommendations considered relevant.

Article 48

Indisputability

The Catalan Ombudsman's decisions that conclude investigation proceedings can not be appealed. This notwithstanding, the administrations, organizations, companies and persons who have been the object of an investigation may express their disagreement with the decision.

Chapter III

Reconciliation, mediation and resolution of disputes

Article 49

Coordination formulas

Within the framework of the legislation in force, the Catalan Ombudsman may propose to the administrations, organizations, companies and persons who are the object of investigation proceedings and the affected persons formulas for coordination, mediation or dispute resolution that facilitate the conclusion of the proceedings.

Article 50

Requisites and applicable legal code

1. The Catalan Ombudsman's intervention in a conflict to carry out reconciliation, mediation or dispute resolution requires the prior consent of the parties involved in the investigation proceedings.

2. In the exercise of reconciliation duties, the Catalan Ombudsman convenes a meeting with the parties involved and attempts to bring their positions closer together.

3. In the exercise of mediation, the Catalan Ombudsman organizes the exchange of viewpoints between the parties involved, facilitates their reaching an agreement and makes conflict resolution proposals, which are not binding, for the involved parties to freely decide from among them.

4. In the exercise of dispute resolution, the Catalan Ombudsman resolves the proceedings through a decisive ruling, pursuant to the applicable legislation.

Chapter IV

Other proceedings

Article 51

Request for ruling from the Council of Statutory Guarantees

1. The Catalan Ombudsman may request a ruling from the Council of Statutory Guarantees in the cases and in the terms established by article 78.3 of the Statute and the Council of Statutory Guarantees Act.

2. The Catalan Ombudsman shall notify the Catalan Ombudsman Commission of the request for a ruling from the Council of Statutory Guarantees.

Article 52

Audits and internal inspections

1. In the framework of an investigation, the Catalan Ombudsman may ask the bodies of administrations to carry out an audit or internal inspection, in the terms and areas established by article 78 of the Statute.

2. When requesting an audit or internal inspection, the Catalan Ombudsman shall convey the time frame in which to carry it out, pursuant to the Charter of Rights for Users of the Catalan Ombudsman's services, which sets out the terms and cases in which the Catalan Ombudsman can exceptionally arrange for modification.

3. The Catalan Ombudsman may make the results of the requested audits and internal inspections public.

Article 53

General studies and reports

1. The Catalan Ombudsman may conduct general studies on the operation of administrations, organizations and companies that are the object of its supervision, with the aim to ensure that citizens' constitutional and statutory rights and freedoms are guaranteed. The Catalan Ombudsman shall make these studies known to the organizations affected.

2. The Catalan Ombudsman may write reports on the compliance with the resolutions handed down in the exercise of the institution's duties.

3. The Catalan Ombudsman may conduct studies and write reports related with matters of the institution's competency. The Catalan Ombudsman shall present these studies and reports to Parliament, inside the institution's annual report or as special reports.

Article 54

Queries

1. The requests for information addressed to the Catalan Ombudsman by the legitimized persons, bodies or institutions must be handled as queries and must be answered within a month of receipt.

2. Queries can be addressed to the Catalan Ombudsman by the procedures established in article 34 for complaints and requests.

Title VI

Collaboration of the supervised parties with the Catalan Ombudsman

Chapter I

Collaboration system

Article 55

Provision of information and documentation

The authorities and personnel working for the administration, organizations, companies and other persons referred to in article 26, must provide the Catalan Ombudsman, the persons to whom duties have been delegated by the Catalan Ombudsman and the institution's deputies all requested case files, information, data and documentation that are related with the subject matter of an investigation, and must facilitate queries by telematic means whenever possible.

Article 56

Access to premises

The Catalan Ombudsman or Ombudswoman, the persons to whom they delegate duties and their deputies may enter any premises held by the administrations, organizations, companies and persons referred to in article 26 to gather the necessary information over the course of an investigation. The authorities and staff serving these bodies and persons must facilitate their access.

Article 57

Investigation of the conduct of Administration staff members

1. If the conduct of Autonomous Catalan or local administration staff members, or those of bodies affiliated or that report to them is the object of an investigation, the Catalan Ombudsman shall:
a) Notify the hierarchical superiors of the affected persons, and if applicable, their Director of Human Resources, of the investigation.
b) Summon the affected persons in order for them to inform in writing on the events which are the subject matter of the investigation, and attach the documents they consider relevant, within 15 days.
c) Convene the affected persons, if the circumstances of the case so require it, for them to appear and provide information.

2. The hierarchical superiors who impede the staff members in their service from answering the Catalan Ombudsman's requests for information in writing or through an interview, must so decide through a grounded decision, which they must convey to the affected persons and the Catalan Ombudsman. In such case, the Catalan Ombudsman shall address all investigative procedures considered necessary to these aforementioned hierarchical superiors.

Article 58

Collaboration agreements

The Catalan Ombudsman shall promote the formalization of agreements with administrations, organizations, companies and persons referred to in article 26 in order to create a collaboration framework and facilitate mutual communication.

Article 59

Collaboration of the general Spanish administration in Catalonia

The Catalan Ombudsman may request assistance from the general Spanish administration in Catalonia in the activities the office carries out in the exercise of its competencies.

Article 60

Notification of the Catalan Ombudsman of the investigations conducted by equivalent institutions

Public administrations and organizations that are the object of investigation by an institution equivalent to the Catalan Ombudsman at the Spanish or European Union level must notify the Catalan Ombudsman of said investigation.

Chapter II

Guarantee mechanisms

Article 61

Lack of collaboration and hindrance

1. A lack of collaboration of the administrations, organizations, companies and persons referred to in article 26 with the Catalan Ombudsman will be considered to exist in the following cases:

a) If they do not provide the information or documentation requested by the Catalan Ombudsman in the terms established by this law and Charter of rights for users of the Catalan Ombudsman's services, or if their response is unduly delayed.
b) If they do not respond, when summoned to do so, to the Catalan Ombudsman's suggestions or recommendations.
c) If they do not heed, after having accepted them, the suggestions or recommendations made by the Catalan Ombudsman.

2. Hindrance of the Catalan Ombudsman's activity will be considered to exist on the part of the administrations, organizations, companies and persons referred to in article 26 in the following cases:

a) If the Catalan Ombudsman or Ombudswoman's, or their deputies', access to necessary case files, information, data and documentation is blocked in the course of an investigation.
b) If the Catalan Ombudsman or Ombudswoman's, or their deputies' access to the premises necessary for them to gather the necessary information is blocked in the course of an investigation.

3. In the case of lack of collaboration or hindrance in the terms established in sections 1 and 2, the Catalan Ombudsman may take the following measures:

a) Convene the persons responsible for the actions being investigated to conduct a joint examination.
b) Inform the Catalan Ombudsman Commission as to the lack of collaboration in order for it, if it deems it necessary, to summon the persons responsible for the actions being investigated to appear.
c) Visit the premises in which the case files being investigated are kept in order to examine them.

4. The Catalan Ombudsman shall indicate in the reports presented to Parliament and in the decisions handed down, pursuant to the terms of the Charter of Rights for Users of the Catalan Ombudsman's Services, those administrations, organizations, companies or persons who have not collaborated with the institution or that have hindered its activity, and the identity of the personnel in their service that were responsible for the lack of collaboration or hindrance.

Article 62

Non-compliance with decisions

1. The administrations, organizations, companies and persons that do not carry out the actions necessary to comply with the suggestions or recommendations made by the Catalan Ombudsman or Ombudswoman or their deputies, after having accepted them, must inform the Catalan Ombudsman on the grounds for this non-compliance.
2. In the case that it refers to section 1, the Catalan Ombudsman may:
a) Request additional information from the affected administrations, organizations, companies and persons.
b) Call upon the affected administrations, organizations, companies and persons to fulfil their duty.
c) File a special report with the Catalan Ombudsman Commission.
d) Publicly disclose the suggestions and recommendations made, and the resulting non-compliance.

Article 63

Criminal responsibility

Authorities and civil servants who hinder the activity of the Catalan Ombudsman may incur in criminal responsibility, pursuant to the penal code in force. If the Catalan Ombudsman considers that the hindrance bears rational evidence of a possible offence, the institution must convey the facts to the Public Prosecutor in order for it to take any necessary action.

Title VII

Relations with Parliament

Article 64

Annual report

1. The Catalan Ombudsman shall annually present a report on the institution's activities to Parliament, within thirty days from the beginning of the second ordinary period of sessions. The report, which must be published in the Official Journal of the Parliament of Catalonia, shall be the subject of parliamentary debate, in commission and plenary assembly, with the Catalan Ombudsman or Ombudswoman taking the floor, pursuant to the rules of procedure.

2. The Catalan Ombudsman's annual report must feature information on:

a) The number and type of complaints, ex-officio actions and queries made, specifying those that have been processed, those being processed, and those that were not administratively accepted for processing.
b) The investigation proceedings carried out, indicating the causes giving rise to them, the final decision taken and the reminders, suggestions and recommendations made.
c) The conflicts in which the Catalan Ombudsman has promoted reconciliation or has carried out mediation or dispute resolution tasks.
d) Requests for rulings from the Council of Statutory Guarantees.
e) Audits and internal inspections requested.
f) Reports on compliance with decisions handed down in the exercise of the institution's duties, specifying the suggestions and recommendations heeded.
g) Studies and reports written with respect to matters of its competency.
h) The agreements formalized and collaboration relations promoted.
i) Follow-up on application of the Charter for Rights of Users of the Catalan Ombudsman's Services.
j) Cases of lack of collaboration or hindrance.

3. The annual report must make reference to significant disagreements with the Catalan Ombudsman's decisions expressed by the supervised administrations, organizations, companies and persons, including the relevant grounds.

4. The annual report must apply indicators that include the perspective of gender equality. It must break down the statistical data by genders and must evaluate the impact of gender on activities, to make it possible to know the situations, conditions and needs of the women and men in each area of intervention.

Article 65

Monographic reports

The Catalan Ombudsman may present special monographic reports to Parliament, if the importance of the subject matter, or the urgent character of the situation, so require. The reports, which must be published in the Official Journal of the Parliament of Catalonia, shall be the subject of parliamentary debate, in commission and plenary assembly, with the Catalan Ombudsman or Ombudswoman taking the floor, pursuant to the rules of procedure.

Article 66

Appearances before Parliament

1. The Catalan Ombudsman or Ombudswoman must appear before the Catalan Ombudsman Commission if it agrees to hold an informative session on a matter of the Ombudsman's competency. The Ombudsman/Ombudswoman may also appear before the Commission for an informative session at his/her own request.
2. In the informative sessions before the Catalan Ombudsman Commission, the Catalan Ombudsman or Ombudswoman may be accompanied by deputies and advisors, and may ask that they take the floor during the session.

Article 67

Relations with the Standing Committee

In the periods between legislatures, the relations between the Catalan Ombudsman and Parliament shall be conducted through the Standing Committee.

Title VII

Prevention of torture and other cruel, inhuman or degrading treatment

Chapter I

Catalan Authority for the Prevention of Torture and other Cruel, Inhuman, or Degrading Treatment

Article 68

Competencies

1. By virtue of the optional protocol to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment, adopted by the General Assembly of the United Nations through resolution 57/199, of December 18, 2002, and ratified by Spain on March 3, 2006, the Catalan Ombudsman is granted the status of Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, with the character of an independent national body, pursuant to Article 17 of the Protocol.

2. The Catalan Ombudsman, as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, shall exercise the competencies attributed to the competent bodies of each state by the Optional Protocol to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment.

Article 69

Scope of activity

1. The Catalan Ombudsman shall act as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment in any place where there are persons deprived of freedom, be they centres or facilities located in Catalonia, or transports travelling through Catalonia, if said places are dependent on the administrations, bodies, companies and persons referred to in article 78.1 of the Statute.

2. The Autonomous Government of Catalonia must promote formalization of a collaboration agreement with the State that allows the Catalan Ombudsman to fulfil the duties that correspond to the institution as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment in the places referred to in section 1, that are state-owned and that will allow the institution to coordinate its activities with those of the Spanish authority in this area.

Article 70

Principles of activity

The Catalan Ombudsman, as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, shall act in accordance with the principle of confidentiality and through constructive cooperation and dialog with the competent authorities, in order to prevent torture and other cruel, inhuman or degrading punishment that could be suffered by persons deprived of freedom.

Article 71

Duties

The Catalan Ombudsman, as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, may:

a) Regularly visit the places where persons deprived of freedom are held.
b) Make recommendations to the competent authorities.
c) Make proposals and observations to the draft bills on this subject matter.
d) Exercise any other duty attributed by the optional protocol to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment.

Article 72

Access to information

1. The Catalan Ombudsman, as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, shall have access to the information on the number and location of sites referred to in article 69, on the number of persons deprived of freedom, on the treatment these persons receive and on the conditions of their detention or internment.

2. Despite the terms of section 1 and article 55, in health, social-health, mental health, and penitentiary centres, the Catalan Ombudsman, as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, may have access to medical records information only to the extent in which it is related with the duties exercised by the institution in this field, and must adhere, in all cases, to the obligation of confidentiality.

Article 73

Interviews

1. The Catalan Ombudsman, as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, may interview the persons deprived of freedom, without witnesses, and with the assistance of an interpreter if necessary, and any other person who could provide relevant information, on the premises deemed appropriate of the places where the persons deprived of freedom are held.

2. In the interviews referred to in section 1 with persons subjected to medical supervision or treatment in health care, social-health, mental health or penitentiary centres, the Catalan Ombudsman may request the opinion of the responsible physician as to the performance of the interview and the most suitable place in which to conduct it, in light of the interviewee's clinical condition or the possible public health risk. These factors being taken into account, the physician may advise the Catalan Ombudsman to postpone or suspend the interviews.

Article 74

Annual report

The Catalan Ombudsman shall annually present a monographic report on the activities conducted as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment to Parliament.

Article 75

Collaboration relations

The Catalan Ombudsman shall collaborate with the sub-committee regulated by article 2 of the optional protocol to the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment, especially in the framework established by article 20.f of the aforementioned Protocol.

Chapter II

The Catalan Ombudsman's task force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment

Article 76

Task force

1. A Task Force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall be created, through which the Catalan Ombudsman will exercise the duties that correspond to the institution as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment.

2. The Catalan Ombudsman's task force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall be made up of:
a) The Catalan Ombudsman or Ombudswoman.
b) Two members of the Catalan Ombudsman Advisors Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment, appointed by the Ombudsman or Ombudswoman at the proposal of the Advisors Council.
c) Two professionals appointed by the Catalan Ombudsman or Ombudswoman, who may be persons in the employ of the Catalan Ombudsman institution.

3. The members of the Catalan Ombudsman's Task Force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment appointed by the Catalan Ombudsman or Ombudswoman by virtue of letters b and c of section 2 must be persons committed to the defence and protection of human rights, of recognized professional competence and with proven experience and specialization in interdisciplinary realms related with the Task Force's duties.

4. The appointment of members of the Catalan Ombudsman Task Force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall require the approval of the Catalan Ombudsman Commission.

5. The members of the Catalan Ombudsman's Task Force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment who are not staff members of the Catalan Ombudsman institution shall only be entitled to the rights of attendance and compensations determined for the service rendered.

Chapter III

Catalan Ombudsman Advisors Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment

Article 77

Advisors Council

1. An Advisors Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall be created, which will assist and advise the Catalan Ombudsman on the duties that correspond to the institution as Catalan Authority for the Prevention of Torture and other Cruel, Inhuman or Degrading Punishment.

2. The members of the Advisors Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall be independent experts in the field of human rights, with recognized professional knowledge, skills and prestige. The composition of the Council must reflect gender parity.

3. The members of the Advisors Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall be elected by Parliament and appointed by the president of Parliament for a term that coincides with that of the Catalan Ombudsman or Ombudswoman. The election, conducted by the process outlined in the Rules of Procedure, shall be from among the candidacies presented once the call for candidacies is published in the Official Journal of the Parliament of Catalonia, with the following distribution:

a) Two members proposed by the bar associations.
b) Two members proposed by professional associations of health care providers.
c) Four members proposed by non-governmental organizations devoted to the defence of human rights, especially those that work for the prevention of torture.
d) Two members proposed by university research centres devoted to human rights.
e) Two professionals with experience in the field of torture prevention and in work with persons deprived of freedom.

4. The condition as member of the Catalan Ombudsman's Advisors Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall only entitle the member to the rights of attendance and compensations determined for the service rendered.

5. The Catalan Ombudsman's Advisors Council for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment shall have the following competencies:

a) Preparation of action proposals for the Catalan Ombudsman, including preventive visits to specific sites where persons deprived of freedom are held.
b) Preparation of reports on the matters brought to its attention by the Catalan Ombudsman.
c) Access, before the Catalan Ombudsman presents it to Parliament, to the Annual Report referred to in article 74 in order to make the relevant observations.
d) Proposal of two of its members as members of the Catalan Ombudsman's Task Force for the Prevention of Torture and other Cruel, Inhuman or Degrading Treatment.
e) Advising the Catalan Ombudsman as requested.
f) Implementation of the actions assigned by the Catalan Ombudsman.

Title IX

Institutional relations and exterior projection

Chapter I

Institutional relations

Article 78

Collaborative relations with the Defensor del Poble (hereafter Spanish Ombudsman)

1. The Catalan Ombudsman and Spanish Ombudsman shall collaborate in the exercise of their duties.

2. The Catalan Ombudsman may request the intervention of the Spanish Ombudsman with respect to activities related to the general Spanish administration in Catalonia, and may make general suggestions or propose the development of recommendations for regulatory amendments.

3. The Catalan Ombudsman shall promote the formalization of agreements with the Spanish Ombudsman in order to articulate the code of collaboration between the two institutions, especially as regards the supervision of the Spanish administration's activity in Catalonia.

Article 79

Collaborative relations with the Justice Administration and Public Prosecutor

The Catalan Ombudsman may formalize collaboration agreements with the Justice Council of Catalonia and the Court of Administrative Affairs of the High Court of Justice of Catalonia, to facilitate the institution's relations with the justice administration. The Ombudsman institution may also formalize collaboration agreements with the Public Prosecutor.

Article 80

Relations with local Ombudsmen

1. The Catalan Ombudsman shall promote and keep up collaborative relations with the local Ombudsmen, and must promote, if necessary, specific formulas of supervision of the local administration and the public or private bodies associated with, or that depend on them.

2. When the institution receives complaints with the local administration as their subject matter, if there is a local Ombudsman or Ombudswoman in the relevant area, the Catalan Ombudsman shall inform the claimants of the existence of this local Ombudsman.

Article 81

Relations with other equivalent institutions

The Catalan Ombudsman shall promote collaborative relations with equivalent institutions or figures of the public as well as private realms.

Article 82

Collaborative relations with public bodies and private associations

1. The Catalan Ombudsman may establish relations of collaboration and mutual support with the public authorities and bodies that work to ensure the free exercise of rights and freedoms at the supranational, state or autonomous community level.

2. The Catalan Ombudsman may establish relations of collaboration and mutual support with the private associations that work to protect rights and freedoms.

Article 83

Participation in international organizations

The Catalan Ombudsman may participate in and form part of international organizations whose objective is:

a) The promotion of the figure of ombudspersons and institutions equivalent to the Catalan Ombudsman.
b) The defence and promotion of rights and freedoms.
c) The defence and promotion of the right to good administration.

Chapter II

Exterior projection

Article 84

Dissemination activities

1. The Catalan Ombudsman disseminates the institution's activities, reports, investigations and decisions through the news media and other channels considered suitable to ensure that all citizens may know the institution and its activity.

2. The public news media of Catalonia shall facilitate this dissemination of the Catalan Ombudsman's activity.

Title X

Organization and internal regulations

Article 85

Regulatory competency

1. The Catalan Ombudsman shall approve the institution's Organizational and Internal Regulations. The Catalan Ombudsman shall inform the Catalan Ombudsman Commission of the Regulations, and publish them in the Official Journal of the Generalitat of Catalonia.

2. The Catalan Ombudsman may hand down internal instructions for matters of staff, operations and internal regulations of the institution.

Article 86

Organizational structure and human resources

1. After duly informing the Parliamentary body competent in human resource affairs, the Catalan Ombudsman approves the organizational structure of the institution and the list of job posts for the staff in its service, in accordance with the allocated budgetary credits. The list of job posts must include the openings reserved for temporary staff members and the duties assigned to said posts.

2. The Catalan Ombudsman may create work areas, at the head of which staff members are appointed, according to the principles of access to public employment for civil servants and employees, considering the approved list of job posts. These staff members shall be subject to the same code of incompatibilities established for the Catalan Ombudsman or Ombudswoman in articles 7 and 11.

3. The temporary employees working for the institution shall be freely appointed and dismissed by the Catalan Ombudsman or Ombudswoman. When the Catalan Ombudsman or Ombudswoman's term expires, the temporary staff members shall continue to hold their job posts on "acting" status, until the new Catalan Ombudsman or Ombudswoman determines their dismissal or ratification, in a period not to exceed one month from the time they take office.

4. Staff members working for the Catalan Ombudsman institution, other than temporary staff, shall be selected through a public hiring call, subject to the principles of equality, merit and ability.

5. Staff members in the service of the Catalan Ombudsman institution shall adhere to this law, to the institution's organizational and internal regulations and additionally, the internal and governance by-laws of the Parliament of Catalonia.

6. The Catalan Ombudsman shall exercise disciplinary competencies with respect to the personnel in the institution's service.

Article 87

Budget

1. The Catalan Ombudsman shall prepare the institution's budget, which must be submitted for Parliament's approval. Once the budget is approved, the Parliament, as a differentiated entity, must convey it to the Government, along with its own budget, for it to be included in the Autonomous Government's draft budget bill.

2. The Catalan Ombudsman shall present to Parliament the budgetary assessment for the institution within three months following closure of the budget year.

Article 88

Principles of remuneration

Remunerations for the Catalan Ombudsman or Ombudswoman and the staff members in the institution's employ shall be established in the Catalan Ombudsman budget.

Article 89

Legal system

1. For matters of accounting, intervention, expense authorization and payment orders, contracting and acquisition of goods and rights, the Catalan Ombudsman shall be governed by the legal system applicable to Parliament.

2. The Catalan Ombudsman's decisions in matters of staff, administration, and economic and property management may be appealed, pursuant to the terms of the applicable regulations, in a contentious-administrative court.

Transitional provisions

One

Proceedings begun prior to the law's entry into force

The proceedings begun prior to the entry into force of this law shall be handled according to Law 14/1984, of March 20, on the Catalan Ombudsman, amended by Law 12/1989, of December 14, and by its implementing rules.

Two

Validity of the Catalan Ombudsman's basic regulations

Until the Catalan Ombudsman approves, in accordance with article 85, the Organizational and Internal Regulations of the institution, the Catalan Ombudsman's personnel regulations, of April 9, 2008, shall continue in force in all matters not opposed to this law. The Catalan Ombudsman's basic regulations, of November 8, 1985, and amended November 19, 1996 and July 13, 2004, shall be kept as additional rules in the same conditions.

Three

Maintenance of staff on "acting" status

When this law comes into force, the staff members employed by the Catalan Ombudsman institution shall be considered to be on "acting" status, and will continue to hold their job post in the applicable administrative situation.

Four

Approval of the Organizational and Internal Regulations

The Catalan Ombudsman shall approve the institution's Organizational and Internal Regulations within one year from the entry into force of this law.

Amending provisions

One

Repeal of Law 14/1984

Law 14/1984 of March 20, on the Catalan Ombudsman, amended by Law 12/1989 of December 14, is hereby repealed, with the exception of the first transitional provision of this law.

Two

Inapplicability of Law 14/2005

Article 3 of Law 14/2005 of December 27, on the intervention of the Parliament of Catalonia in the designation of authorities and posts of parliamentary appointment, and criteria and procedures for suitability assessment, is not applicable to the Catalan Ombudsman or Ombudswoman.

Three

Interpretation of Legislative Decree 1/2005

The reference that the tenth amending provision of Legislative Decree 1/2005, of July 26, by which the consolidated text of the Town Planning Act was approved, makes to article 15 of Law 14/1984, of March 20, on the Catalan Ombudsman, must be understood as being made to article 36 of this law.

Single final provision

Entry into force

This law shall enter into force the day after its publication in the Official Journal of the Generalitat of Catalonia.

Thus, I urge all citizens to whom this Law is applicable to cooperate in its compliance, and that the courts and authorities with such responsibility to see to its fulfilment.