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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