249. For the purposes of this report, and on a general basis, medium-term
For the purpose of this
detention or imprisonment is considered to be those instances in which people
report, these centres are
are detained for no more than two months. The most typical circumstances under
this heading are the detention of foreign nationals and military arrest for a serious
misdemeanour, which as an exception and through the accumulation of
where individuals may be
detained for up to two
months at the most
disciplinary measures may extend to a four-month custodial sentence. In both
cases, we are dealing with custodial sentences based on administrative procedure.
Of the 17 centres of this nature operating in Spain in 2010, an inspection visit has
been organised to 12 establishments, belonging to 11 centres.
I. Detention centres for foreign nationals
250. Detention centres for foreign nationals (CIEs) are public establishments of
Public establishments of a
a non-penitentiary nature run by the National Police Force, which provide
non-penitentiary nature
temporary custody for a maximum period of 60 days, subject to the control and
authorisation of the courts, of foreign nationals undergoing proceedings for their
expulsion (solely for the reasons provided for in art. 62.1 of PGA 4/2000) on
run by the CNP.
The detention measure is of
a precautionary and
instrumental nature, and
repatriation. The detention measure is of a precautionary and instrumental
has to suitably serve the
nature; in other words, it is designed to ensure the successful repatriation of the
purpose for which it has
foreign national that may eventually be ordered. Accordingly, there is a need to
been designed
monitor the percentage of repatriations made over the total number of foreign
nationals subject to detention to verify that this measure, the most rigorous
provided for by legislation on foreign nationals, suitably serves the purpose for
which it has been designed. Furthermore, detention should be unilaterally
terminated immediately by the authorities hearing the proceedings as soon as it
is aware that the repatriation cannot be ordered for any reason whatsoever. It
likewise befalls the legal authority to establish the specific period of detention
with the aforementioned limit, which is final.
The organisation and operation of the CIE, as well as the requirements for being
Their organisation and
sent there, are governed by Public General Act 4/2000, of 11 January, on the rights
operation are governed by
and freedoms of foreign nationals in Spain and their social integration, in the
draft provided by Public General Act 2/2009, of 11 December, to articles 62, 62.2,
62.3, 62.4, 62.5 and 62.6. During the period covered by this report, the regulatory
development of these provisions is to be found in articles 153 to 155 of the
Public General Act 4/2000,
in the draft provided by
Public General Act 2/2009
to arts. 62, 62.2, 62.3, 62.4,
62.5 and 62.6
Regulations approved by Royal Decree 2393/2004, of 30 December and, regarding
those matters that do not contradict the preceding rules, in the Ministerial Order
of 22 February 1999, on the rules for the internal regime and operation of
Internment centres for foreign nationals. The aforementioned Ministerial Order
was partially revoked by the Supreme Court of Appeal for Administrative
Decisions (Sala de lo Contencioso-Administrativo del Tribunal Supremo), in a
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