Places of short-Term Deprivation of Liberty
during the inspection visits. Visits from family and friends require authorisation
from the examining magistrate handling the case.
135. At some establishments it was reported that detainees held for more than 24
Detainees held for more
hours were allowed out of their cells for exercise. This should be extended to all the
than 24 hours are allowed
establishments run by the force. On some inspection visits it was observed that
when there were medical recommendations on mobility those recommendations
to take exercise at some
facilities
were followed.
136. Detainees are usually handcuffed when admitted to and removed from
Detainees are not
cells. It was observed in several recordings that they were not handcuffed
handcuffed during
during movements within the holding area, but more guards that detainees
were present. The restraint and coercion measures employed in case of
resistance of those usually used by police forces. Their use and each specific
movements within the
holding area, but more
guards than detainees are
present
incident recorded in the detainee registration database and reported to
superior officers and courts. Assessment from medical services is requested
when considered necessary.
137. On the inspection visits carried out it was observed that officers on guard
Officers on guard duty
duty were not properly identified, i.e. they were not wearing their identification
were not properly
numbers in plain sight. This is not compulsory in this force. This shortcoming
identified
must be remedied: identification via a badge number is a widely applied system
that ensures the correct balance between the safety of officers and the right of
citizens to identify persons acting as officers of the law.
138. The modus operandi for searching detainees consists of an initial, superficial
Belongings confiscated
search at the time of arrest, followed by a more thorough search prior to admission
during searches are listed
to the cells. During this second search any personal belongings and items of
clothing that detainees might use to inflict injuries upon themselves are
confiscated. These items are put into bags, itemised on a form that the detainee is
on a form and entered in
the custody registration
log. Female detainees are
searched by female officers
required to sign and entered in the custody registration log. Female Ertzaintza
officers are called upon to search female detainees. If necessary female officers
can be temporarily drafted in from other forces.
139. Any strip searches required are carried out in parts, so that only half
Strip searches are carried
the body of the detainee is naked at any time. It was not possible to determine
out in parts. It was not
whether all such searches were duly recorded in the registration log. Not
only the fact that a search is carried out but also the time, the place, the
reasons put forward by the police for taking such a measure, the identification
possible to determine
whether all such searches
were duly logged
numbers of the officers involved and the results obtained must be logged.
All these data must be reported to the courts when the case is handed over
to them.
THE OMBUDSMAN OF SPAIN
79
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