Places of short-Term Deprivation of Liberty
shortcoming was observed at various establishments, e.g. the Western
call systems need to be
Andalusia police headquarters in Seville and the district station in Alicante.
installed. In cases when
At most of the establishments visited there was at least one member of staff
present in the holding area while the cells were occupied. However, at several
(the stations in Ciudad Real, Jerez de la Frontera (Cadiz), Lleida, Lugo, the
San Blas-Vicálvaro district of Madrid, Segovia and Torrelavega (Cantabria),
such systems were deemed
insufficient, it was
recommended that an
officer be stationed in the
adjacent area
and the Extremadura Police Headquarters in Badajoz) it was recommended
that an officer be stationed in the area adjacent to the cells, as the intercom
and CCTV surveillance systems in place were considered insufficient should
immediate assistance be required.
58. Point 3 of SES Instruction 12/2007 concerning the behaviour required of
Health care provisions were
security forces in order to safeguard the rights of persons arrested or in police
observed to be available,
custody establishes that “should the detainee have any injury, attributable to
the arrest or otherwise, or declare himself/herself to be injured, he/she must be
moved immediately to a medical facility for assessment”. On the inspection
but no medical
examinations were
conducted at the
commencement or end of
visits made, health care was observed to be available, but detainees were not
deprivation of liberty
observed to undergo medical examinations at the commencement or end of their
except in emergencies.
deprivation of liberty except in emergency situations. Detainees must themselves
A general protocol needs to
inform custodial officers of any problems so that they can be attended to or, as the
be set up for action and to
case may be, moved to a medical facility belonging to the public health service.
Most of the establishments visited were equipped with prophylactic measures
(e.g. face masks and latex gloves) for cases in which any evidence of infectious or
establish specific treatment
guidelines for pregnant
women
contagious disease was observed, and medical recommendations concerning
isolation were followed, including the recommendation that detainees be moved
under custody to a hospital or other suitable facility. At some establishments,
such as the police station of Playa de Palma (Palma de Mallorca) and the Central
Registry of Detainees in Madrid, this Office instructed that suitable prophylactic
measures be provided. A general protocol needs to be set in place to cover this
type of risk situation and to establish specific guidelines for the treatment of
pregnant women. Such treatment would not be classed as discrimination under
principal 5.2 BPP.
59. Food for detainees held by the CNP is supplied by the DGPGC in the
It would seem to be
form of ready-meals to be heated in a microwave oven. It would seem to be
necessary to ask detainees
necessary for custodial officers to ask detainees specifically whether they suffer
any food allergies (e.g. to gluten) or any health problems that require special
guidelines as regards food. It was reported that “the contract to provide food
for detainees includes special menus for special requirements, such as medical
specifically whether they
suffer any food allergies or
health problems that
require special guidelines
as regards food
reasons, religious beliefs, etc. However, should the need arise, the officers in
charge of each police station may directly acquire such food as may be necessary
should none of the menus available be suitable due to medical circumstances”.
THE OMBUDSMAN OF SPAIN
53
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