Places of short-Term Deprivation of Liberty
50. On the inspection visits carried out the separation criteria laid down in
The separation criteria
Art. 521 of the LECRIM were observed to be met. However the strict application
laid down in Art. 521
of these criteria may lead to overcrowding at some establishments and at some
times. This occurred at the Melilla Police Headquarters, where the separation of
detainees in the cells by gender, nationality, form of arrest and the nature of
their alleged offences resulted in six people being held in one cell, with some of
of the LECRIM were
observed to be met.
However, applying these
criteria to the letter may
result in overcrowding
them having to sleep on the floor, while in others there were only one or two
detainees. In such cases the available space needs to be optimised so that
detainees are distributed without overcrowding. This Office considers this
unacceptable even when, as indicated on the visit, it was the detainees themselves
who asked to be kept together for reasons of affinity.
51. The lighting in cells was also checked. Although these are short-term
Some cells were found to be
holding facilities the poor levels of lighting found in some of the cells visited
poorly lit
cannot be deemed acceptable, as they are considered unnecessarily upsetting.
Special attention must be paid to ensuring acceptable levels of lighting. Fused
lamps were observed in some of the cells in the police headquarters in Seville
and Melilla, and it was recommended that systems for controlling the
switching on and off of lights should be installed and protocols for their use
introduced. The ability to view the images recorded in places of deprivation
of liberty is considered essential in determining whether good practices are
being implemented.
52. The inspection of ventilation conditions during visits revealed the presence
Unpleasant smells
of bad smells in some cells. Requests were made for the improvement or
were also noted
replacement of the extractor fans at various establishments, including the police
in some cases
headquarters in Ceuta and Murcia and the police stations of the Central District
of Madrid, the Delicias district of Zaragoza, Cordoba, Ibiza, Gijon (Asturias),
Malaga, Seville, Torrelavega (Cantabria) and the Central Registry of Detainees
in Madrid, all on grounds of unpleasant smells.
53. It would be advisable to monitor the temperature in holding cells all year
Most cells have no air
round, as it was found that most had neither air conditioning nor heating, thus
conditioning or heating,
resulting in excessive temperature fluctuations. A case in point is Cordoba,
where on a visit to the cells it was reported that temperatures in the city in 2010
so their temperature should
be monitored all year
round
had ranged from –2 to +44ºC. Attention also needs to be paid to temperature
regulation at the police headquarters in Asturias and Melilla, and at the district
stations of A Coruña, Jerez de la Frontera (Cadiz) and the San Blas-Vicálvaro
district of Madrid.
THE OMBUDSMAN OF SPAIN
51
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