Annual Report 2010 by the National Preventive Mechanism against Torture
description of all the circumstances, with the option available of contesting the
measure by urgent proceedings instigated before the JVP. Throughout the time
spent in solitary confinement inmates undergo a daily medical check-up.
Making complaints.
The JVP conducts a
monthly inspection
382. Inmates have their corresponding statutory process for making complaints,
which are submitted to the prison director, who will verify them and provide a
response, providing the inmate involved with a receipt. If necessary, the complaints
are brought before the JVP or sent to the appropriate authorities. The JVP
conducts a monthly inspection of the prison.
II. Centres for young offenders
The LORPM distinguishes
between the offenses
committed by persons
under the age of 14 and
those committed between
the ages of 14 and 18.
Royal Decree 1774/2004, of
30 July, develops the
general statutory
framework of centres for
young offenders.
It befalls the autonomous
communities and cities to
apply the measures
imposed upon young
offenders by the courts
156
383. The current Criminal Code, which dates from 1995, specifies that the
minimum legal age for imprisonment is eighteen and informed the enactment
of independent legislation to expressly regulate the criminal liability of those
under that age. In compliance with that legal mandate, Public General Act
5/2000, of 12 January, was passed to regulate the criminal liability of juveniles
(LORPM), which distinguishes between the offenses committed by persons
over the age of 14 and under the age of 18, and those committed by persons
under the age of 14. In the former case, it provides for what are referred to as
“young offender centres”, designed not for serving “sentences” in the technical
legal sense, but instead for applying what are referred to as certain “measures”
of detention and of other kinds. If “sentences” and “measures” coincide for the
purpose of reinsertion mentioned in article 25 of the Spanish Constitution, the
“minor’s greater interest” is the specific purpose of the so-called “measures”
within the sphere of young offenders. Royal Decree 1774/2004, of 30 July,
approved the Regulations of the Public General Act governing the Criminal
Liability of Juveniles, which develops the general statutory framework of centres
for young offenders.
The application of the measures imposed by the juvenile courts befalls the
autonomous communities and cities, pursuant to article 45 of the LORPM,
which in practice means a wide diversity not only in the public authorities
with powers in the matter, but also, and this is more important, in management
systems. The authorities in the autonomous communities may create centres
for young offenders, but they may also enter into agreements with public or
non-profit organisations (art. 45.3 LORPM) for the application of the
measures in public or private centres. Nevertheless, in those cases of private
management there is no conveyance of the powers in matters involving young
offenders and supervisory powers are to be retained under all circumstances.
The application of the measures regarding offences falling within the
jurisdiction of the High Court (Audiencia Nacional) corresponds to the
THE OMBUDSMAN OF SPAIN
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