Annual Report 2010 by the National Preventive Mechanism against Torture
Individual cells are used to
facilities are usually outside the cells themselves, though frequently there are also
hold juveniles or persons
individual cells with toilets, for use by juveniles or persons with special
with special needs
needs. Individual cells usually have metal plate doors with a small opening
to facilitate surveillance. Inspection of doors on the remaining cells revealed
the existence of horizontal bars at district stations in Lleida, San BlasVicálvaro (Madrid), Segovia and Torrelavega (Cantabria). Their replacement
was requested, in view of the potential risk that they entail. At the police
headquarters in Melilla it was recommended that the door of the holding
cell for juveniles should be changed, since the bars on the opening could be
used by detainees to injure themselves or to attempt suicide. Indeed, a
female detainee inflicted injuries on herself here in September 2009 and
died three months later.
Generally poor conditions
48. In the holding facilities per se visited (i.e. cells and adjacent service areas)
as regards conservation &
the general standard of conservation and upkeep was observed to be poor, with
upkeep of holding facilities
per se (cells & adjacent
the exception of certain recently constructed or refurbished establishments
service areas) except in
such as the Central Inspectorate for Detainees [Inspección Central de Detenidos]
newly-constructed or
in Valencia and the stations in Alicante and the Delicias district of Valladolid.
refurbished buildings
A case in point is the district station at Campo de Madre de Dios in Cordoba,
where the condition of the cells was generally inadequate. In the San BlasVicálvaro district police station in Madrid there was damp and water filtering
into the corridors and pooling on the floor. Other examples of substandard
establishments are the Extremadura Police Headquarters in Badajoz and the
Central District police station in Madrid.
The size of cells is adequate
49. As indicated above, most cells are collective. Their size can be considered
in general, in view of the
in general as sufficient for the average number of detainees observed on each
average number of
detainees observed on
each visit
visit. Problems in this regard were however detected at the Murcia Police
Headquarters and at Ibiza district police station in the Balearic Islands. Given
the many different factors that need to be considered, it was decided to take
as a benchmark the criteria set out in the 2nd GR of the CPT (1991, para. 43),
i.e. that the desirable size for cells intended for single occupancy is around
7 m², with at least 2 m between walls and 2.5 between floor and ceiling. On the
basis of this figure and other pronouncements by the CPT, a general proportion
of 5 m per person was taken as acceptable (Monitoring of Places of Detention:
A Practical Guide, APT, p. 162) for collective cells. It was also recommended
that the materials used to clad the walls of some cells — e.g. at the Murcia
Police Headquarters and the district station in Ciudad Real — be changed as
they are easily removable and could entail risks for the safety of detainees.
50
THE OMBUDSMAN OF SPAIN
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