Annual Report 2010 by the National Preventive Mechanism against Torture
of this system would be welcome, without this logically meaning any reduction
in the physical supervision of the prisons by the JVPs. Furthermore, the
increased use of these systems for court proceedings would reduce the need for
inmates’ leave and their transfer to other prisons, which inconvenience both
the inmates themselves and the security forces responsible for their transfer,
with the exception being those procedural guarantees that require an inmate to
be physically present.
The prisons are subject to
several types of both
internal and external
inspections
359. The prisons are subject to several types of both internal and external
monitoring. They therefore receive internal inspections from the SGIP, from the
health services in the autonomous communities and from Labour Inspection, as
well as supervision by the JVP and the Public Prosecutor’s Office, and by the
Ombudsman.
In general, the situation of
the maternal modules is
good. It has been a good
idea to create the so-called
mothers’ units “unidades
de madres”
All the prisons visited have
specific programmes
catering for foreign
nationals (30% of the
inmate population)
A reason for complaint
tends to be that the
sentence passed does not
consider the provision
made in Spanish legislation
150
360. Regarding mothers in prison with their children, the data available at
the time of writing of this report indicate that, at 31 December 2009, the
number of minors accompanying their mothers at establishments run by the
SGIP amounted to 218 minors with 206 mothers, with eight being over the
age of three, and they were housed in external maternal units and in attached
units. Generally speaking, the situation in maternal modules is good; as an
example, mention should be made of the module visited at Dueñas (Palencia).
Positive mention should be made of the schemes — whose aim is to avoid
minors spending their entire time in such an unusual environment as a prison
— to arrange for them to leave the prison and attend infant schools in nearby
towns, as well as the creation of a new type of infrastructure called mothers’
units “unidades de madres”, located outside the prisons, which at the same
time as they provide an environment for the minors help to reincorporate
their mothers into society.
361. All the prisons visited have specific programmes catering for foreign
nationals, who account for approximately 30% of the inmate population. The
overriding aim is to favour their integration through the teaching of Spanish in
those cases as necessary, as well as helping them improve their understanding of
the prison system. One of the problems that may affect foreign national inmates,
which has come to light during the inspection visits made, is that those people
without ties to our country have limited funds and are not supported by their
consular services. Accordingly, the SGIP has reported that it does not have enough
funds to attend to these needs, whereby the sole options for these foreign nationals
— as well as for the Spanish nationals who are in similar circumstances — are to take
up some form of paid employment, if possible, or seek assistance from an NGO.
Furthermore, it should be noted that being a foreign national may have an
impact on the possibilities of being granted leave from prison or accessing
third degree, especially in those cases in which inmates have no family support
outside. Finally, a further reason for complaint tends to be that the sentence
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