Places of short-Term Deprivation of Liberty
eyes and hands) while dealing with detainees, higher temperatures would be hard
for them to bear. It was checked that detainees were provided with extra blankets
on request.
145. CCTV surveillance and recording cameras should be set up in all those
CCTV surveillance and
areas that may potentially be used by detainees while they are held incommunicado
recording equipment
and not only in the common areas, as was the case at the facility visited. There
was no video recording equipment in two of the four areas used as visiting
rooms. In one the absence of cameras was explained on the grounds that the
should be set up in all areas
that may be used by
detainees held
incommunicado
room was used for forensic searches. The recording of audio should also be
envisaged.
146. While they are held incommunicado, detainees undergo searches that
Detainees held
include their removing their outer clothing and their bodies and clothes are patted
incommunicado are
down after every contact with anyone not belonging to the force. These searches
are conducted in the pre-cell area, with the detainees standing with their backs to
the wall, in the presence of two officers. The recordings observed showed that
when detainees were moved within the holding area the officers guarding them
searched after every
contact with persons not
belonging to the force.
Mechanical restraints are
not used
took measures to ensure that their movements were under control, but without
using mechanical restraints.
All incidents in the area are entered by the custodial officers in individual,
The hand-written reports
hand-written records for each detainee. At the same time, the information is
recording incidents prior to
passed on to the registration database that manages the Atxilo files. It would be
advisable for the original hand-written records to be kept for comparison
their inclusion in the Atxilo
should be kept
should the authorities require them, regardless of whether the data is transcribed
in other formats.
147. The protocol for action by the Ertzaintza in cases of incommunicado
The protocol for action in
detention envisages forensic searches of detainees with intervals of no more than
cases of incommunicado
24 hours. In the case examined, the relevant central judge ruled that two searches
per day be conducted by teams made up of two forensic specialists. As indicated
above, in the course of the visit the inspection team had the opportunity to
detention envisages
forensic examinations at
intervals of no more than
24 hours.
interview these forensic specialists just after they had conducted the second search
Forensic specialists draw up
of the day on the detainees. They draw up an initial detailed report — for which
an initial detailed report.
detainees are usually transferred to the local Institute of Forensic Medicine — in
which special emphasis is placed on checking for any external signs of aggression
or injuries, their probable causes and approximate timing. All detainees are given
All detainees are offered
the chance to provide urine
samples to rule out the
presence of psychotropic
the opportunity to provide a urine sample to rule out the presence of psychotropic
drugs.
drugs that may affect the central nervous system. Tests are made with the clerk of
Court authorisation is
the court bearing witness. The test is repeated at the end of the isolation period.
The specialists indicated that only non invasive tests were conducted, and the
required before non
invasive tests can be made
specific authorisation of the courts was required before they could take place (e.g.
THE OMBUDSMAN OF SPAIN
81
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