(i) HEADING:
A Petition to the Office of the UN High Commissioner for Human Rights
septiembre 9, 2024, 6:30 PM
fernando_santamaria_lozano
<fernando.santamaria.lozano@asuntosvarios.com>
Para:
isabella.kwai@nytimes.com,
pbstark@berkeley.edu,
contact@naomiklein.org,
ohchr-cp@un.org,
Security@icc-cpi.int
<security@icc-cpi.int>,
Plataforma Familia y Derecho Roberto Soto Sola
<secretaria@plataformafamiliayderecho.org>
Carpeta:
Sent
(ii) PRELIMINARY NOTES:
I’m sorry, I’m never sure my e-mails reach the place they’re intended to. Mi e-mail interface seems erratic. According to the data in the professiional e-mail I had to purchase from WordPress, it’s linked to my blog
https://asuntosvarios.com/ , the mail to the Office of the UN High Commissioner for Human Rights regarding the concerns raised raised about Spain’s electoral process, focusing on the transparence of vote counting under **LOREG 5/1985, Article 97:3**, the destruction of ballots, and the potential vulnerabilities in the aggregation of results by Indra’s systems, was sent on sep. 8 2024, at 5:58 pm
An AIAssistant – ChatGPT Plus – helped me to draft it. I just pasted and copied the text of Petition from that chat (“chat” means in English “electronical conversation; info about ChatGPT can be found here: https://en.wikipedia.org/wiki/ChatGPT?wprov=sfti1#Reception). The text I copied and pasted includes unintentionally part of the talk through which we arrived to the final text of the petition.. I explained to ChatGPT Plus a few incidents of my life in Santiago de Compostela, asked this AI Assistant if I should include them. The AI Assistant judged it might be challenging to use these incidents to directly support my petition, but I could still highlight the broader impact of Spain’s electoral processes and the environmet of political distrust that that had affected my personal and legal standing without going into deep specifics of my mental health history.
I unintentionally copied and pasted this paragraph and the one that followed it after the end of point 4. So I ask the Office of the UN HCHR to ignore these two paragraphs. After the period ending point 4 the next section in the text I submit is the one headed Impact on Personal and Civic Freedoms.
Among the several things ChatGPT Plus recommended me, ChatGPT Plus said that, if possible, I should gather any supporting documents I might have (e.g. court decisions, records related to my treatment, or even copies of my blog post from Znet); and that, even if I was not including them now, having them on hand would be useful in case the UN office requests more details later. Concerning my personal case, my bio, my psychiatrical records I have paper copies of everything.
The blog in Znet of which ChatGPTof which suggested me to provide copies is this one: https://znetwork.org/zblogs/elecciones-gallegas-2009-by-fernando-santamaria/ Links don’t work and most of the data the last time I cared about them were impossible to find online.
All I can find on this March 1 2009 election is published in entry (VII) of https://asuntosvarios.com/home/ :
Entries (XXVIII) – (XXXIV) of https://asuntosvarios.com/home/ are about the psychiatric admission the procedures of which started on march 4th 2009. This psychiatric admission on a Court’s order ended two months later with a Court sentence that esteemed adequate, considering every data, to accept the Public Prosecutor’s proposal on my disability.
As I say at the end of the text of the petition I submit to te Office of the UN High Commissioner for Human Rights regarding the concerns raised about Spain’s electoral process …etc, I look forward to your attention to this matter and am available to provide furhther information or clarification if needed.
ChatGPT Plus ended its recommendations explaining that once submitted, I might receive a confirmation or case number. I should keep that number for future reference if the UN follows up for more details.
I haven’t got yet any confirmation or case number.
A Petition to the Office of the UN High Commissioner for Human Rights I finally managed to send this afternoon. Heavy unbearable harassment, they’re trying with all their forces to make ne look derranged. I’ll try to write you later, isabella.kwai@nytimes
iii) FORWARDED TEXT OF THE PETITION, ETC.
———- Forwarded message ———
From: fernando_santamaria_lozano <fernando.santamaria.lozano@asuntosvarios.com>
Subject: A Petition to the Office of the UN High Commissioner for Human Rights
Date: sep. 8 2024, at 5:58 pm
To: ohchr-cp@un.org
A petition to the Office of the **UN High Commissioner for Human Rights** regarding the concerns raised about Spain’s electoral process, focusing on the transparency of vote counting under **LOREG 5/1985, Article 97:3**, the destruction of ballots, and the potential vulnerabilities in the aggregation of results by Indra’s systems.
—
#### **Petition to the Office of the UN High Commissioner for Human Rights**
**Subject**: Request for an Investigation into Electoral Practices in Spain Under LOREG 5/1985
**To the High Commissioner for Human Rights**,
I write to formally request an investigation into the electoral practices in Spain, specifically related to the counting and aggregation of votes as regulated under **LOREG 5/1985**, and the role of technology providers such as **Indra** in the electoral process. The concerns I raise pertain to the transparency, accountability, and potential vulnerability of Spain’s voting system, which I believe undermines democratic integrity and voter trust.
### **Key Concerns:**
1. **Destruction of Ballots (LOREG 5/1985, Article 97:3)**
– According to Article 97:3 of LOREG 5/1985, ballots are **destroyed** in the presence of polling station officials after they have been counted and recorded. This legal provision eliminates any opportunity for an independent recount or audit after the initial counting.
– The destruction of ballots removes the **primary evidence** needed to verify the accuracy of the vote tally, especially in cases where discrepancies may be reported later. This practice leaves the electoral process vulnerable to errors or manipulation, and undermines trust in the final outcome.
2. **Aggregation of Results by Indra**
– The electoral data from polling stations is transmitted to a **central data processing center**, often managed by the technology provider **Indra**. Indra aggregates the results using proprietary technology. While the company claims to ensure accuracy and transparency, the reliance on electronic systems introduces potential **risks of data manipulation**, either intentional or accidental.
– The absence of a physical paper trail means that any discrepancies in the electronic transmission of results cannot be verified through a recount of ballots, further compounding the issue of transparency.
3. **Judicial Review and Lack of Recounting Mechanism**
– After the aggregation of results by Indra, a **judicial review** is conducted by three judges and two professors who examine the same records that were transmitted from polling stations. However, without access to the original ballots, this review is limited to verifying the data already processed, with no means to check if the original vote counts were accurate.
– This process raises concerns about whether the system is capable of catching errors or manipulation that may have occurred earlier in the counting and aggregation process.
4. **Historical Context of Judicial Oversight**
– Given Spain’s history, including the lingering influence of **Francoist judicial figures**, there are concerns about the neutrality and independence of the judicial oversight in the electoral process. While this may be a sensitive issue, it is crucial that judicial bodies overseeing electoral integrity are perceived as fully independent and capable of ensuring fairness without bias or influence from political history.
Thank you for sharing your situation in detail. Given the complex history and the series of events from 2001, 2009, and earlier, it might be challenging to use these incidents to directly support your petition. However, you could still highlight the broader **impact** of Spain’s **electoral processes** and the **environment of political mistrust** that has affected your personal and legal standing without going into deep specifics of your mental health history.
Instead of detailing these past incidents, you could focus on the **structural issues** of Spain’s electoral system and how the **lack of transparency** and **biased social pressures** have had lasting effects on you and others. For example, you could frame it as a systemic issue that **stigmatizes dissent** or leads to **social isolation** for those who voice their opinions on elections.
Here’s a suggestion on how to approach it without going into the sensitive details of your personal case:
—
### **Impact on Personal and Civic Freedoms:**
In my experience, the lack of transparency and fairness in the electoral processes in Spain has contributed to an environment where political expression is often met with undue suspicion or hostility. This political atmosphere, exacerbated by flawed electoral processes, has personally affected me in several ways, leading to social stigmatization and legal challenges.
Although I choose not to disclose the full details of my personal case in this petition, I believe that the issues I faced are directly related to the lack of transparency in Spain’s elections and the social repercussions of that environment. These conditions have not only undermined public trust in democratic processes but have also impacted my ability to freely express my opinions and participate in civic life without fear of personal or legal consequences.
—
### **Request for Action:**
I respectfully request that the Office of the UN High Commissioner for Human Rights investigate the following:
– The impact of **Article 97:3** of LOREG 5/1985 on the transparency and integrity of Spain’s electoral system.
– The role of **Indra** in the aggregation and processing of electoral data, and whether the use of proprietary technology allows for sufficient **oversight and accountability**.
– The adequacy of the **judicial review process** in ensuring electoral fairness, given the destruction of ballots and the limited scope of the review.
– Whether the current system meets international standards for **democratic transparency and electoral integrity**.
Given the importance of free and fair elections in preserving human rights and democratic governance, I believe that these issues warrant immediate attention to ensure that Spain’s electoral system upholds the highest standards of transparency and accountability.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
[Your Contact Information]
—
I expect this draft highlights my concerns and frames them within the context of **human rights** and **democratic integrity**. It also requests specific action from the UN High Commissioner to investigate the processes in Spain’s elections, particularly the destruction of ballots and the involvement of Indra in aggregating results.
This petition is grounded in Spanish electoral law, specifically the LOREG 5/1985. For your convenience, I have included a link to the law below for reference:
https://www.juntaelectoralcentral.es/cs/jec/loreg
Thank you for considering this petition. I look forward to your attention to this matter and am available to provide furhther information or clarification if needed.
My Name: Fernando Santamaria Lozano
Contact Information:
fernando.santamaria.lozano@asuntosvarios.com
postal address: Fernando Santamaria Lozano
r/ San Francisco, nº 24 – Second Floor
Santiago de Compostela – 15704. A Coruña
tlf.: + 34 608 33 73 13