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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