Annual Report 2010 by the National Preventive Mechanism against Torture
the programme, which is currently being organised through a partnership
agreement with FEAPS (Spanish Confederation of Organisations in favour of
People with Intellectual Disability), is operating well.
I.2. Alcalá de Henares Military Prison (Madrid)
ÚThe only correctional
365. The military prison in Alcalá de Henares is the only correctional facility
facility where military
where military personnel from all ranks (senior officers, officers, junior officers
personnel from all ranks
can serve custodial
sentences.
and rank and file soldiers) in the armed forces and the civil guard can serve the
custodial sentences imposed by military or civil courts. In this latter case, if the
It can hold 161 inmates,
sentence includes expulsion from the forces, they are sent to a prison run by the
with the average
civil authorities. This prison likewise houses those military personnel who have
occupancy being 65
been remanded in custody awaiting trial. Apart from guaranteeing the sentence
imposed is served, the prison’s remit is to re-educate and, insofar as possible,
reintegrate the inmates into the Armed Forces. The prison can hold 161 inmates,
with the average occupancy being 65 prisoners.
The competent authorities
366. Article 348 of Public General Act 2/1989, of 13 April, on military legal
have been informed that
proceedings, stipulates that custodial sentences are to be served at military prisons
more detailed secondary
legislation is required to
remedy the shortcomings
and are to be undertaken in accordance with the aforementioned act and with the
Regulations on Military Prisons, “which are to be based on the principles of the
in the development of the
LOGP adapted to the specific structure of the Armed Forces”. A study of Royal
regulations on military
Decree 1396/1992, of 20 November, approving the Regulations on Military Prisons,
prisons
suggests these have not been sufficiently developed by the Ministry of Defence.
Accordingly, they are supplemented by the use of the general regulations, which are
not always entirely appropriate, which means the prison director, with the advice of
the governing board, decides upon the actual measures to be taken that affect the
inmates. Consequently, the Ombudsman informed the competent authorities that
this legal gap needed to be filled with more and more detailed secondary legislation,
which has led to the creation of a working party for this purpose.
Upon arrival, new inmates
367. Upon arrival, new inmates are provided with written information on the
are provided with written
prison regime, their rights and obligations, disciplinary rules and the channels
information on the prison
regime. This will be applied
according to the nature of
the sentence imposed
for submitting requests, enquiries, complaints and appeals. Following their
admission, inmates are assigned to a specific module depending on their
circumstances in a way that is similar to the process at civil prisons, also taking
into account their military rank. The regime applied to the inmates will depend
on the nature of the sentence they are serving, which is likewise divided into
three degrees and follows identical criteria of promotion and demotion as in
civil regulations.
152
THE OMBUDSMAN OF SPAIN
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