Annual Report 2010 by the National Preventive Mechanism against Torture
• Determination
of applicable regulations and the extent to which they are
applied in practice, with special reference to the framework of rights and
freedoms compatible with each specific legal situation.
• Examination of internal rules and regulations, if any, at each place of deprivation
of liberty, to assess whether they meet the required standards for the prevention
of torture and mistreatment.
• Step-by-step examination of the procedure for admission of inmates to centres
and detailed analysis of the process of searching inmates.
• Analysis
of complaints and claims procedures, with special emphasis on any
mechanisms in place to ensure prompt, impartial examination of complaints
and the safeguards established for persons deprived of their liberty who file a
complaint.
– Other issues: list of
violent incidents, check
on inspection visits by
authorities, interviews with
persons deprived of their
liberty and with the officer
in charge
G) Other issues
• List of any violent incidents recorded at the place of deprivation of liberty prior
to the inspection visit.
• Checks
for inspection visits by the administration and by other authorities
(judges, public prosecutors, etc.).
• Interviews with any persons deprived of their liberty held at the time.
• Interview with the officer in charge of the place visited, and with staff on duty,
if any.
The scope of inspection
30. The scope of inspection visits is determined by the Ombudsman on the basis
visits is determined by the
of a number of criteria (importance in quantitative terms, time since the last
Ombudsman. Each visit
is considered as an
ex-officio action
inspection, introduction of any relevant changes in regulations or organisation,
following up of previous visits, weighted balance between the different forms of
deprivation of liberty and the organisations responsible for them, the opportunity
to promote horizontal actions conducive to a consistent vision of comparable
places, the rate of complaints on grounds of mistreatment or of disciplinary
proceedings brought against custodial officers at a given place), and recorded in
the credentials provided to members of the inspection team. Each visit is an ex
officio action, carried out pursuant to Article 9.1 of the LODP. The assessors in
each inspection team prepare for the visit, assessing all relevant circumstances to
establish the level of intensity to be applied in the inspection. When circumstances
make it advisable, the inspection visits may be extended to or focused on particular
issues not initially considered as priorities. A report on each inspection visit is
drawn up.
24
THE OMBUDSMAN OF SPAIN
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents