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

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