Annual Report 2010 by the National Preventive Mechanism against Torture to the public prosecutor’s office and, as the case may be, to the relevant consular office. In such cases the detainee must be released or brought before the public prosecutor’s office within 24 hours. It is also envisaged that the guardian or person with parental responsibility should be present when the statement of the juvenile under arrest is taken (with the child protection officer acting in their stead when those persons cannot be located). The detainee must be held in custody in suitable establishments separate from those used for adults, and must “receive such care, protection and social, psychological, medical and physical care as may be required”. Passive extradition 38. The particular type of criminal arrest envisaged in Article 8 of Act is another form 4/1985 of March 21 on Passive Extradition must be highlighted: it stipulates of criminal arrest that persons must be detained and brought before the courts within 24 hours when requested, in line with certain requirements, by the state that requests extradition. Art. 55.2 of the Article 55.2 of the Constitution also establishes the possibility that certain Constitution limits rights constitutional rights may be limited, which is relevant here insofar as refers to the involving maximum detention time and secrecy of communications maximum period of detention (Art. 17.2) and secrecy of communications (Art. 18.2) for persons linked to the investigation of actions by armed groups and in cases of membership of terrorists. Articles 520 bis and 527 of the LECRIM contain special features of this armed groups and form of arrest and stipulate that incommunicado detention must be ratified by terrorism. Art. 520.2 and the courts, specifically by the central investigating magistrates of the National 527 of the LECRIM regulate specific aspects of this type of arrest. High Court [Audiencia Nacional]; any request for extension of detention periods and incommunicado detention involving juveniles aged under 14 must be filed by the Juveniles Section of the Public Prosecutor’s Office at the National High Court and ruled on by the Central Juvenile Court Judge [Juez Central de Menores] (Art. 17.4 LORPM). Other forms of detention 39. Another important form of detention is that covered by Article 61.1.(d) of include those affecting the the Foreign Nationals Act [Ley de Extranjería], as a precautionary measure in status of foreign nationals the context of sanctions procedures that may entail expulsion. Deprivation of liberty may also be considered for foreign nationals who are deemed not to meet the requirements for admission (Art. 26.2 & 60 of the Aliens Act) with a view to ensuring that they are returned as soon as possible. Similarly, Article 22 of Act 12/2009 of October 30, dealing with the right of asylum and subsidiary protection, establishes that asylum seekers must be held in facilities provided for that purpose while requests filed at the border undergo the process of admission. 44 THE OMBUDSMAN OF SPAIN

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