Annual Report 2010 by the National Preventive Mechanism against Torture
I. Prisons
Spain’s prison system is
regulated by the LOGP
These establishments
include: ordinary and
remand prisons; halfway
houses; open sections; units
for inmate mothers and
attached units; and
correctional psychiatric
hospitals
Spain has a total of 94
correctional facilities
At 31 December 2010 the
total number of inmates in
Spanish prisons amounted
to 73,849, with a drop in
the number of remand
inmates
In 2009, there were 133,777
prison sentences (21.90% of
the custodial sentences
imposed). Not all actually
involved spending time in
prison
134
310. In its development of article 25.2 of the Spanish Constitution, the LOGP
lays down the basic regulation of Spain’s prison system, enshrining the principle
of legality in the imposition of the sentence, encouragement for an open system,
the implementation of a parole court (JVP) and, in short, the consolidation of a
prison system based on the sentence as a measure of social prevention designed
for the re-education and social re-integration of offenders. This legislation is, in
turn, developed by the prison regulations (RP).
311. Prison establishments include the following: ordinary and remand prisons;
halfway houses (CIS), prisons designed for serving custodial sentences in an open
regime and for the supervision of non-custodial sentences, which may be
supervised by a prison or managed independently; open sections, located in a
prison but playing a similar role to CIS; units for inmate mothers and attached
units, for female prisoners with children under the age of three; and correctional
psychiatric hospitals, for people subject to one of the security measures provided
for in the Criminal Code, or else inmates who were already in prison and for one
reason or another are transferred here by a decision of the courts.
312. Official figures provided by the Ministry of the Interior reveal that Spain
has a total of 94 correctional facilities: 14 run by the Department of Justice of the
Regional Government, the Generalitat, of Catalonia, 79 run by the Office of the
Secretary General for Prisoners (SGIP), and a single military prison run by the
Ministry of Defence. This military establishment is not governed by the same
regulations as civil prisons, but instead has a specific arrangement, with the civil
regulations being applied with subsidiary effect.
313. As regards the prison population, at 31 December 2010 the total number
of inmates in Spanish prisons amounted to 73,849, slightly down on prior years.
The population consisted of 7.87% women and 92.13% men, with 85.67%
(63,314) serving in prisons run by the SGIP, as opposed to 14.33% (10,535)
imprisoned in establishments run by the Generalitat of Catalonia. Furthermore,
it should be noted that throughout 2010 there has been a drop in the percentage
of remand inmates, falling from 20.80% at the beginning of the year to 18.98%
at the end.
For reference purposes, it should be noted that according to data provided by the
Spanish National Statistics Office (INE) corresponding to 2009, the custodial
sentences imposed in Spain over that period amounted to around 145,000, 23.40%
of the total number of sentences imposed, of which 133,777 (21.90% of the total)
were prison sentences, although not all of them actually involved spending time
in prison, as application was made of the provisions for arrangements other than
the deprivation of liberty referred to in articles 80 to 93 of the Criminal Code.
71.60% of those imprisoned were Spanish nationals; nevertheless, the percentage
THE OMBUDSMAN OF SPAIN
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