Places of short-Term Deprivation of Liberty
year of activity efforts were made to visit those establishments that handled the
largest numbers of detainees. The Civil Guard establishments visited accounted
for 70% of all arrests by this force that resulted in holding in cells.
93. The officers interviewed reported that the average holding time in cells was
The average holding
usually less than 24 hours. On the inspection visits carried out no cases were
time is usually less than
detected in which the maximum time established by law was exceeded.
24 hours
94. The condition of the establishments varies widely, though most of them are
Most establishments are
old and at many both the holding cells and the residential quarters for officers
old, and many are in poor
and their family stationed there (known as “barrack blocks” [pabellones] and
condition
numbering over 35,000 throughout Spain) are in poor condition. Conditions
were observed to be particularly bad at the Arguineguin barracks in Las Palmas,
where it was recommended that a new block be constructed urgently.
Recommendations for improvements in establishments and living conditions
were also made at the establishments visited in Bilbao (Vizcaya), Cartagena
(Murcia) and Toledo. At the said establishments, the standard of conservation
and upkeep of the holding cell areas was also found to be poor. The cells at the
Guzmán el Bueno barracks in Madrid were found to be in a strikingly poor
condition and in need of urgent refurbishment.
95. At most of the establishments visited the cells were on the ground floor,
At most of the
either in an area adjacent to the checkpoint at the entrance or in an adjoining
establishments visited the
building accessed via the central courtyard. In the latter case, detainees usually
access the cells directly from the vehicle in which they are transported.
Establishments were also found at which the holding cells were on the ground
cells are on the ground
floor. For the sake of
security, privacy and
respect for the honour of
floor of the buildings in which officers and their families lived, e.g. at the
detainees, places of
barracks in Aviles (Asturias), Arnedo (La Rioja) and Inca (Balearic Islands).
deprivation of liberty
For the sake of security, to safeguard privacy, ensure respect for the honour of
detainees and establish the necessary reasonable separation between places of
should be separated from
residential areas
deprivation of liberty and residential areas, it is advisable that these holding
cells be transferred to more suitable locations. Moreover, the access of detainees
to the holding area should not be via the main entrance to the building, where
they may coincide with other visitors. In this regard, the Civil Guard argue that
it would be difficult to implement widespread changes for both architectural
and budgetary reasons. However, they consider that the criteria requested can
be applied at new-built establishments and establishments which are refurbished.
They further consider that changes could be made in their conventional modus
operandi in line with the possibilities at each facility (access routes via garages
or underground basements, opening up of additional doors, etc.) to improve
matters in this regard.
THE OMBUDSMAN OF SPAIN
67
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