cells at the Aluche CIE are provided with
at least 4m2 of living space per person.
Moreover, the CPT reiterates its recommendation, dating back to its 2011 periodic visit, that the authorities improve
the range of activities on offer to persons accommodated in CIEs.
The Committee found, in general, that
the health-care services in both CIEs
were sufficiently resourced, and that
foreign nationals had rapid access to a
doctor. However, it recommends that
regular consultations with a dentist and
a psychiatrist be available at both CIEs
and that measures be taken at the Zona
Franca CIE to guarantee confidentiality
during all medical examinations.
Furthermore, the CPT recommends that
all police officers assigned to work in
CIEs receive training in inter-cultural
communication, physical techniques
of restraint and prevention of ill-treatment. They should also not openly carry
truncheons within the detention areas.
The report recalls the necessity to
respect fundamental safeguards in the
course of an operation of forced return
and expulsion of a foreign national (e.g.
the possibility to inform a lawyer of a
deportation order and the recording of
every recourse to means of restraint).
In their response, the Spanish authorities
provide an account of the various training activities in place for law enforcement officers working at Aluche and
Zona Franca CIEs in the field of human
rights protection and the development
of inter-personal skills. They also refer
to measures introduced in order to
improve the quality of the provision
of health care of detained persons and
to preserve the confidentiality of their
medical examinations.
55. The report also describes aspects
of the treatment of foreign nationals
in the border fence area with Morocco
in Melilla. The Committee recalls that
on the basis of the principle of nonrefoulement, the jurisprudence of the
European Court of Human Rights and
CPT standards, states cannot deport a
migrant before having carried out proper screening with a view to identifying
persons in need of protection, assessing those needs and taking appropriate
action. The Committee recommends
that adequate guarantees to this effect
be provided in the national legislation
and that Spanish law enforcement officials be instructed accordingly.
In Melilla, several allegations were
received of excessive use of force by
members of the Guardia Civil when
apprehending irregular migrants at the
border. Reference is made to the incident
of 15 October 2014 during which an irregular migrant was subjected to repeated
baton blows and totally inappropriate
treatment. The CPT requested that a
prompt and effective inquiry be carried
out into this specific incident. Further, the
Committee recommends that members
of the Guardia Civil receive appropriate
training in professional techniques which
minimise harm to any individual whom
they are seeking to apprehend.
The Committee is particularly concerned by the credible allegations of
physical violence, sometimes of a severe
nature, perpetrated by members of the
Moroccan Auxiliary Forces (MAF) on
foreign nationals. They described being
kicked and punched and receiving blows
with wooden sticks and branches by
members of the MAF. These violent acts
occurred after the foreign nationals had
been apprehended by the MAF between
the border fences, within Spanish territory, or once they had been returned to
Morocco. It was also alleged that MAF officers actively shook the fence to force any
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