Personnel Risk:
Low
Score:
68/100
Leadership Behaviour
Q34
42/100
Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit, through, for example, speeches, media interviews, or political mandates, to anti-corruption and integrity measures?
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The very recent Instruction 23/2020 of the Secretary of Defence, on the Ethical Code and Code of Conduct of Personnel Related to Purchasing, which…
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Public statements by authorities regarding corruption or abuse within the armed forces are very rare, and exceptions are always related to scandals covered by…
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As stated before, Instruction 23/2020 of the Secretary of Defence, on the Ethical Code and Code of Conduct of Personnel Related to Purchasing [1],…
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Q35
63/100
Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
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On bribery and corruption, the Penal Code applies. Article 286 of the Spanish Penal Code, on crimes of corruption in business, states that possible…
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The number of cases publicly known about corruption are limited. However, the relevance and wider implications of the cases known may be an indicator…
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Q36
25/100
Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
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As analysed by Transparency International [1], Spanish legislation includes the generic obligation to report criminal acts, but there is no legal regulation of national…
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Organic Law 8/2014, the reference document on discipline, qualifies in Art. 7.30 as a “grave offence” “to carry out, order or tolerate or not…
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There is the perception within the armed forces that obedience also includes silence in the face of corruption practices exercised by people at a…
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Q37
50/100
Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
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Specific training and definitions of responsibilities suggest that special attention is paid to personnel in sensitive positions. Advanced training exists that is aimed at…
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According to the Ministry of Defence, regarding specific procedures in place limiting conflicts of interest for these sensitive positions and with reference to the…
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Control procedures are internal, the audits and the judicial system itself being subject to the military hierarchy (and discipline), “which puts independence of those…
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Payroll, Promotions, Appointments, Rewards
Q38
83/100
Is the number of civilian and military personnel accurately known and publicly available?
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According to the Ministry of Defence, the source of reference for the number of civilian and military personnel are the official yearbooks published by…
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Statistics are made public in a disaggregated manner, identifying sector (armed forces, air forces, navy, common personnel, and guardia civil), detailing civil personnel and…
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“Ghost soldiers,” or non-existent soldiers on the payroll, is very unlikely in the Spanish military. Payment rates and allowances are generally published on different…
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Q39
75/100
Are pay rates and allowances for civilian and military personnel openly published?
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The pay rates of the Spanish military is public and available both on the State’s Official Bulletin (BOE) and from the Ministry of Defence…
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There are a number of allowances or complementary payments in the Spanish military, and all concepts are regulated and stated in the Official State…
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Q40
83/100
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
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Payments are in general made on time, as is the case in Spain with public workers. In certain cases (e.g. expenses), the payment takes…
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Payments for both civilian and military personnel are regulated by law and are publicly available [1, 2]. Each person also gets the payment allowances…
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The payment and allowances system is published and includes pay brackets for all ranks, disaggregated by seniority; details on how individual pay is calculated;…
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Q41
58/100
Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
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Formal processes are established; public employment is regulated by Law 7/2007 [1], the military career is regulated by Law 39/2007 [2], and Royal Decree…
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All positions above OF-4 are nominated [1]. The government of Spain appoints the rank of general, selecting from the lists provided by the Superior…
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The appointment process is regulated and publicly available. It includes the selection criteria for the selection of military personnel at middle and top level…
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Q42
88/100
Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
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Article 88.2 of Law 39/2007 regulates promotions through four different methods: a) “elección” (nomination), for “the most capable and suited”; b) “clasificación” (ranking), through…
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All promotions are regulated, as stated in 42A, in Article 88.2 of Law 39/2007 [1]. Professional merits, whether related or no to field operations,…
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In 2018, there were 4,910 people with rank OF-4 or higher [1]. Name, rank, post, date, and other data (e.g. unit of origin) are…
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All calls for military openings are published on the Ministry of Defence website [1]. Postings and promotions are well regulated, published every year and…
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Conscription and Recruitment
Q43
NA/100
Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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This indicator is marked ‘Not Applicable’. Compulsory conscription in Spain was abolished in 2001 [1, 2]. There have been sporadic voices advocating for Spain…
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This indicator is marked ‘Not Applicable’. Sanctions related to bribery in compulsory conscription do not exist since compulsory conscription was abolished in Spain in…
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This indicator is marked ‘Not Applicable’. Sanctions related to bribery in compulsory conscription do not exist since compulsory conscription was abolished in Spain in…
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Q44
100/100
is there a policy of refusing bribes to gain preferred postings? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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Military postings are regulated by Royal Decree 456/2011, of 1 April, but bribes to gain preferred postings are not included in this Royal Decree…
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Article 420 of the Penal Code states that “the authority or public official who, for his own benefit or that of a third party,…
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This indicator is marked ‘Not Applicable’. None of the mentioned issues of offering, giving, receiving, or soliciting of any item of value to influence…
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Salary Chain
Chains of command are separated from chains of payment. Article 20 of Royal Decree 1314/2005 regulates the Comisión Superior de Retribuciones Militares (Higher Commission…
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Values and Standards
Q46
69/100
Is there a Code of Conduct for all military personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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Article 1 of Royal Decree 96/2009, which approves the Royal Ordinances for the Armed Forces, states that “the Royal Ordinances for the Armed Forces,…
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Royal Decree 96/2009 is public and distributed widely. Instruction 23/2020 clearly indicates that the Code of Conduct is required to be disseminated within the…
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Instruction 23/2020 provides specific guidance on how to proceed in events, but only in those “that are not constitutive of fault and crime” [1].…
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Instruction 23/2020 states in Section 5.3.a that guidance on conduct and dissemination documents will be elaborated on and widely distributed [1]. The Code of…
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Q47
81/100
Is there a Code of Conduct for all civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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Article 6 of the Royal Decree 5/2015 (on the Law of the Basic Statute of the Public Official) states that “any gift, favor or…
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The Law of the Basic Statute of the Public Official (Royal Decree 5/2015) is widely known and distributed, and penal consequences derive [1]. Royal…
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The Law of the Basic Statute of the Public Official (Royal Decree 5/2015) is widely known and distributed. Instruction 23/2020 provides specific guidance on…
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Instruction 23/2020 states in Section 5.3.a that guidance on conduct and documents will be elaborated on and widely distributed [1]. The Code of Conduct…
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Q48
25/100
Does regular anti-corruption training take place for military and civilian personnel?
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According to the Centro de Investigaciones Sociológicas (Centre for Social Research) (CIS), “corruption and fraud” are considered one of the five main problems in…
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There is no evidence of specific regular anticorruption training provided. The Ministry of Defence answered a formal request regarding anticorruption training channelled through the…
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There is no evidence of specific anticorruption training provided. A general review of the 28 courses listed by the Ministry of Defence on advanced…
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Q49
67/100
Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
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No explicit policy regarding the publication of prosecutions of corrupt activities in the defence sector is known. However, court resolutions are made public in…
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Article 105b of the Spanish Constitution recognises the right to access administrative files and registers, “except in what affects the security and defense of…
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In Spain, there is evidence of effective investigation and prosecution relating to corruption crimes for defence personnel, and certain cases can be found at…
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Q50
75/100
Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
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Article 286 of the Spanish Penal Code, on crimes of corruption in business, states that possible sanctions include criminal prosecution/ incarceration and considerable financial…
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Statistics of the military judicial processes consider offences listed in Article 6, 7, and 8 of Organic Law 8/2014 (of the Disciplinary Regime of…
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Facilitation payments in the defence and security sector certainly occur but are not deemed widespread [1]. For instance, a quick search for the word…
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