Annual Report 2010 by the National Preventive Mechanism against Torture
Guards may use measures
281. In the event of any disturbance at a CIE, the guards may, pursuant to the
of personal physical
provisions of article 62.5 of Public General Act 4/2000, with prior authorisation
restraint or preventive
solitary confinement of the
aggressor in an individual
room
from the centre’s director, except when this cannot be obtained in cases of
emergency, “use measures of personal physical restraint or preventive solitary
confinement of the aggressor in an individual room in order to avoid acts of
violence or injuries amongst the foreign nationals, prevent escape attempts,
damage to the centre’s property or when resisting the staff therein during the
legitimate performance of their duties. The use of methods of restraint shall be
proportional to the end pursued and may not constitute a hidden reprisal and
shall be used solely when there is no other simpler way of achieving the end
pursued and for the time strictly necessary”. Under all circumstances, the director
is, at their earliest possible convenience, to notify the Examining Magistrate
ordering the detention of the adoption and lifting of the measures of personal
physical restraint, with a detailed description of the events leading up to their
application and of the circumstances that might advise their maintenance.
Guards do not carry
firearms
The actions for re
establishing order are
carried out by outside
police units
They do not provide social
care services, despite being
required to do so by
PGA 4/2000
Unaccompanied minors
may not be detained at a
CIE. The presence of minors
accompanied by their
parents is rare
122
Guards do not carry firearms, although it is common practice to carry handcuffs
and, in some CIEs, batons. The restraining equipment is stored in specific
cupboards in the director’s office.
Several directors have mentioned that in those cases of disturbances involving a
significant number of inmates, the actions for re-establishing order are not carried
out by the guards normally attached to the CIE but by police units called in from
outside. The aim is not to prolong the atmosphere of tension between the inmates
and the guards beyond the incident itself.
282. Article 62.2.2 of Public General Act 4/2000 stipulates that all CIEs shall
provide social care services. However, the staff at these centres are unable to
provide these services and, if anything, they sometimes resort to trained personnel
on a temporary basis; neither do the CIEs have intercultural mediators.
Nevertheless, in 2010 the Ministry of the Interior reached an agreement with the
Red Cross to roll out a programme of comprehensive care at the CIE in Madrid
(Royal Decree 167/2010, of 19 February, published in Spain’s Official State Gazette
(BOE), number 45, of 20 February), in what appears to be the start of a line of
action for remedying this shortcoming that dates back to the very introduction of
the CIEs.
283. Spanish legislation does not permit unaccompanied minors to be detained
at a CIE. In turn, article 62.2.1 stipulates that a right befalling foreign nationals
detained is “to be accompanied by their underage children”, although this is
subject to two compound requirements: a favourable report from the Public
Prosecutor’s Office, given its duty to protect minors, and the availability at the
centre of modules “that guarantee family unity and privacy”. The presence of
minors accompanying their parents at CIEs is rare and in most of the cases that
have come to the attention of this Institution they are linked to proceedings for
THE OMBUDSMAN OF SPAIN
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents