Annual Report 2010 by the National Preventive Mechanism against Torture
28 to 30 specify the competent authorities for imposing the disciplinary measures
giving rise to detention in an EDM.
These establishments may
These establishments may also be used for what is referred to as being remanded
also be used for remanding
in custody, as provided for in article 55.1 of Public General Act 8/1998, which
people in custody
may be ordered by the authority that has initiated the disciplinary proceedings, if
it understand that “the nature and circumstances of the misdemeanour require
immediate action to maintain discipline”. The prisoner on remand may remain
in this situation for up to one month, which is to be computed for the fulfilment
of the disciplinary measure that may eventually be imposed.
The interior regime is
The primary legislation governing everyday life in centres of this kind is Ministerial
governed by Ministerial
Order 97/1993, of 30 September, approving the Instructions on the Interior
Order 97/1993
Regime of Military detention centres. Furthermore, Additional Provision Two in
this Order stipulates that each EDM is to have its own rules governing its internal
regime.
Today, Spain has 8 military
286. Ministerial Order 73/2005, of 11 May, whereby stipulation is made of the
detention centres
territorial deployment and joint use of EDMs, and the Resolution of the
Undersecretary for Defence of 4 March 2009, have indicated the present location
of 8 EDMs for the whole of Spain, 3 on the mainland (North, Centre and South),
one in Ceuta, one in Melilla and 3 in the Canary Islands (2 in Gran Canaria and
one in Tenerife). Military personnel, regardless of the force or unit to which
they belong, are imprisoned in the EDM that is most appropriate according to
their geographical location and their links to their social and family environment.
Nonetheless, provision is made for transfer to another establishment. Such a
transfer is to be informed by requirements of a disciplinary nature, a lack of
available space or for any other special circumstances arising (Ministerial Order
73/2005; 4th point).
Five of them have been
287. The following five out of the eight EDMs operating in 2010 have been
inspected
inspected: EDM Norte (North), on the air force base Aeródromo Militar de La
Virgen del Camino in Leon and run by the Air Force; EDM Centro (Centre), on
the army base at Base Militar de San Pedro, in Colmenar Viejo (Madrid) and run
by the Army; EDM Sur (South), at Arsenal de La Carraca, in San Fernando
(Cadiz), run by the Navy; EDM in Ceuta, run by the Army; and EDM Melilla, also
run by the Army.
124
THE OMBUDSMAN OF SPAIN
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