The Prevention of Torture Through a National Mechanism
observe he parameters for proper action and management accepted by Spain on
granted to the
its signing of the Convention and the OPCAT. To that end the Ombudsman is
Ombudsman meets a basic
granted broad powers of investigation, including free access to such places,
requirement for NPMs
persons and documentation as he/she may consider relevant (Art. 19.2 & 22 of
the LODP). This is also a basic requirement for national preventive mechanisms
(Art. 20 OPCAT).
V. Operational procedure for inspection visits
26. In broad terms the objective of inspections by the NPM is to examine the
A preventive approach is
general conditions in which persons deprived of their liberty are held, and to
taken in inspections which
check on how their fundamental rights are guaranteed. This is done via an
essentially preventive approach that enables a constructive dialogue to be
established with the authorities and other parties involved in deprivation of
enables a constructive
dialogue to be established
with the authorities
liberty, with a view to improving their situation and making good any shortcomings
observed. The Spanish NPM takes on board the indications of the SPT in its third
annual report (2010; § 18): “Whether or not torture or other cruel, inhuman or
degrading treatment or punishment occurs in practice in a given State, there is
always a need for States to be vigilant in order to guard against the risk of it
occurring and to put in place and maintain effective and comprehensive safeguards
to protect persons deprived of their liberty. It is the role of preventive mechanisms
to ensure that such safeguards are actually in place and operating effectively and
to make recommendations to improve the system of safeguards, both in law and
in practice, and thereby the situation of persons deprived of their liberty”.
27. In line with the various authorities and public administrations that may be
List of types of places of
involved in the deprivation of the liberty of persons in Spain, the NPM takes an
interest for inspection visits
interest in places of the following types:
by the NPM
• Holding
cells and other short-term facilities of the state security forces and of
regional and local police forces.
• Holding
cells in courthouses.
• Army,
navy and air-force bases, military training centres.
• Detention
Centres for foreign nationals.
• Military
detention centre.
• Civil
and military prisons.
• Centres
for young offenders.
• Hospitals
and other establishments prepared for the control or compulsory
detention of persons for reasons of physical or mental health.
• Special
schools and training centres housing juveniles admitted by their
guardians with the authorisation of the courts.
THE OMBUDSMAN OF SPAIN
21
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