Places of Medium-Term Deprivation of Liberty
Graphic 15. Geographical location of the CIEs visited in 2010
253. The sum of CIE establishments are of a markedly penitentiary nature,
thereby contravening a basic principle for facilities of this nature, as the CPT
emphasises in its seventh General Report (1996, paragraph 29). There is a readily
apparent tendency to prioritise the centres’ security and police control measures,
to the clear detriment of the inmates’ living conditions and the respect for their
rights that are not affected by their ambulatory detention. The main problem lies
in the very definition of CIE in the Law, where they are perceived in a negative
light; in other words, the model used is a penitentiary one, although it goes on to
affirm that the deprivation of liberty should be different to a prison, but it does
not specify what this should involve and what its limits are.
A CIE has a penitentiary
In addition, note should be taken of the inappropriate nature of the management
model for these centres that basically involves direct custody by members of the
CNP over a prolonged period of time of people with extremely diverse origins, a
function that does not suitably fit in with the specific role and training the police
have. It would be more logical for the police to pursue their custodial role outside
the establishments, assigning the management of everyday life inside the centre
to staff trained in social care services.
Furthermore, an
THE OMBUDSMAN OF SPAIN
nature that contravenes
the purpose for which they
have been created.
They are defined by Law in
a negative way, with no
regulation of the limits on
this privation of liberty
inappropriate
management model is
used for these centres
113
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