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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