Places of Long-Term Deprivation of Liberty
350. Regarding religious freedom, it is common practice at all the prisons to
Unrestricted access is
grant unrestricted access to catholic priests, imams and ministers from other
permitted to ministers
religious faiths, and no complaints were received on this issue during the
inspection visits. Most of the prisons have catholic chapels; at those prisons
housing a large number of Islamic inmates, specific areas are assigned to enable
from different religious
faiths at all the prisons
visited
them to worship.
351. As regards inmate communications, visits are permitted by family members
Visits by family members
and friends, according to legally established conditions and, except in the cases of
and friends are permitted
legally imposed solitary confinement (art. 51. LOGP), through visiting booths or
in rooms for holding intimate or family visits, for which there are the appropriate
according to legally
established conditions
facilities. No complaints have been received on this matter, except for certain
minor considerations regarding the age of some of the facilities and equipment
(intercoms in the booths).
During some of these inspection visits, however, some of the inmates complained
The need has been
about the searches and frisking performed on the relatives of prisoners accused or
established to arrange
convicted of terrorist crimes. From 2009 onwards, for reasons of security and on
a general basis, all those visiting these prisoners — including minors — had to
undergo, in addition to electronic screening and regardless of the results, searches
briefing sessions for all
those people wishing to
hold intimate or family
communications
with physical touching. If a visitor refused, the visit was usually cancelled, which
led to several incidents at various prisons, with the ensuing loss of family
communications, as well as complaints made to this Office. However, dated 16
March 2010, instructions were issued that established specific limits regarding
the prohibition of performing these searches on certain types of people (minors,
the elderly or those with physical or psychological complaints or disabilities),
establishing the need to arrange prior briefing sessions for all those people wishing
to hold intimate or family communications.
352. Regarding inmate telephone communications, there are public phones in
There are public phones in
the residential blocks, although the privacy of the conversation cannot always be
the residential blocks. The
guaranteed through the installation of screens or other features. Furthermore, the
use of the phones is supervised though a software application, which means that
calls may be made solely to those numbers authorised beforehand by the
authorities, and for the length and frequency stipulated by the regulations. The
complaints refer to the
short amount of time they
are allowed to use the
phone and the ban on
mobile phones
complaints the inmates make on this matter tend to refer to the short amount of
time they are allowed to use the phone and the ban on mobile phones.
353. Regarding the inmates’ access to lawyers, these visits are held without any
Lawyers’ visits are held
kind of restriction, beyond the need to comply with each prison’s organisational
without any kind of
regulations regarding timetables. The sole requirement for authorising the visit is
that the lawyer must provide proof of being the one appearing in the court
proceedings against the inmate or that there is a justified reason for the visit.
THE OMBUDSMAN OF SPAIN
restriction. The visits are
confidential and cannot be
interrupted or cancelled
147
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