Annual Report 2010 by the National Preventive Mechanism against Torture
the taking of blood or tissue samples, TACs and X-rays). In the subsequent
examinations they monitor the vital signs of the detainees and check for any
changes in their physical, mental or psychological condition. If any illnesses or
intolerance of foods or medicaments are detected, or should it be deemed
necessary to continue providing medical treatment, the custodial officers are
informed accordingly. If necessary, it can be recommended that detainees be
moved to appropriate hospital facilities to monitor the progress of their illnesses
and any preliminary treatment. A report is drawn up on each such visit and
handed over to the relevant duty court (that of Vitoria in the cases examined
here), from where it is passed on to the central magistrates’ court in charge of
investigating the case.
Medicaments are
Medicaments are dispensed to detainees in line with criteria laid down by the
dispensed in line with
forensic specialists, though the Ertzaintza protocol for co-ordination of
criteria laid down by
forensic specialists.
Channels are provided for
assistance for persons held incommunicado envisages channels for families to
supply any medicaments habitually used by detainees. In such cases a certificate
families to supply
from a primary care physician is required indicating the guidelines for each
medicaments
patient. Such medicaments can be handed in at any Ertzaintza police station. It
was observed that these medicaments were stored in their original packaging in
the locker assigned to each detainee. No evidence of written rules was found,
nor of sachets containing ready-prepared individual doses. Nor was any
evidence found of healthcare personnel being involved in preparing the relevant
doses. In the case examined the type and dose of the medication to be dispensed
during incommunicado detention varied. It would be advisable for prescription
drugs to be prepared in individual sachets for each dose by healthcare personnel.
In any event, the doses dispensed, the times when they are given and any
associated incident must be recorded on the reports drawn up by the custodial
officers.
Forensic specialists
Examination of the reports drawn up by the forensic specialists revealed that
recommend what
they made recommendations on what measures should be adopted to prevent
measures should be taken
in case of pre-existing
illness
Guidelines on the timing of
meals and dispensing of
medicaments should be
observed
any pre-existing illnesses from getting worse. On the visit it was found that
these recommendations had been passed on to the officers in charge of the
facility by the forensic specialists a few minutes previously.
Unless otherwise indicated by a doctor, meals and the dispensing of medicaments
should be timed to fit in as closely as possible with the normal timetables at the
facility.
Families are informed of
148. Article 510.3 LECRIM indicates that no incoming or outgoing
the fact of the arrest and
communications at all are to be allowed unless expressly authorised by the relevant
that incommunicado
detention has been applied
82
court. Article 527.b) of the same Act establishes that detainees do not have the
right to have the fact and place of their detention notified to a person of their
THE OMBUDSMAN OF SPAIN
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