Annual Report 2010 by the National Preventive Mechanism against Torture
see no reason for the widespread use of separating screens that stop any physical
contact between inmates and their visitors. Special attention needs to be paid to
the need to uphold the privacy of these visits.
The constitutional
right to legal counsel is
guaranteed
The CIEs in Madrid and
Malaga have entered into
agreements with the
corresponding bar
associations for the
provision of free legal aid
services
The information on
international protection is
insufficient
Inmates should be more
speedily informed in
writing of any decisions or
measures affecting them
275. Regarding legal counsel for inmates, article 62.2 f) of Public General
Act 4/2000, according to the draft provided by Public General Act 2/2009,
stipulates that inmates may communicate confidentially with their lawyers,
even outside the centre’s normal operating hours, whenever the urgency of
the case so requires.
The CIEs in Madrid and Malaga have entered into agreements with the
corresponding bar associations for the provision of free legal aid services. Thus,
for illustrative purposes, this service at the CIE in Madrid has been available since
15 January 2010, and involves the presence three times a week of lawyers who
provide legal advice and answer any queries the inmates might have. It is important
to stress that these lawyers do not provide “legal counsel” in the strictest sense, as
this befalls the lawyers appointed in the province in which the expulsion or
repatriation proceedings are being heard, which might be anywhere in Spain. For
those cases involving an appearance before administrative or judicial bodies
located in Madrid, an application is submitted and assignment is made of a legal
aid lawyer from the duty roster specialising in the appropriate field (e.g., asylum).
This line of action is positively evaluated and it would be convenient to extend it
to all the other CIEs.
Until such a time as the legal advisory service becomes of general application, the
information provided by CIEs on the possibility of requesting international
protection (asylum and subsidiary protection) is insufficient. Effective distribution
should be made of the leaflets the Asylum and Refugee Office (OAR) has issued
on this matter in different languages.
276. The interviews held between members of this Institution and inmates have
revealed that these people have a general lack of knowledge on their situation in
the centre, as well as on the administrative procedure regarding their expulsion or
repatriation. It therefore seems necessary to ensure inmates are provided with
information on these matters, independently of those actions that may be taken
accordingly by the lawyers responsible for their legal counsel, whereby they
should be more speedily informed in writing of any decisions or measures
affecting them.
The practice of searches
277. The practice of searches varies noticeably from one establishment to
varies from one
another and ranges from a brief frisking to more intrusive searches that include
establishment to another.
The rules governing such
practices need to be
substantially improved
the full removal of clothing. In order to carry out these searches, police officers
wear slash-resistant latex gloves that are not always regulation equipment. Article
62.5, paragraph one, of Public General Act 4/2000, allows people to be searched,
although it omits any reference either as to who should order this or to a system
of control and communication by the legal authority responsible for the inmate’s
120
THE OMBUDSMAN OF SPAIN
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