Places of short-Term Deprivation of Liberty
orders of officers of the law during the arrest. It is also indicated that any
extraordinary measures must be short-term, and applied only for so long as is
strictly necessary. The LECRIM sets out the principles covering exceptional cases
and proportionality. These are listed in greater detail in rules 7 and 9 of SES
Instruction 12/2007. These rules indicate that handcuffs in particular should be
included among the extraordinary measures envisaged in the said article of the
LECRIM, and indicate a number of precautions for ensuring that they are used
appropriately in each individual case. However, in the course of the inspections
carried out it was observed that detainees were handcuffed on entering and
leaving holding areas. The CNP has other methods of restraint at its disposal,
some of which may be used in situations of disobedience, violence or attempted
escape. No such incidents were observed during the inspection visits carried out
or in the recordings viewed. Nor were complaints received from the detainees
interviewed on grounds of excessive or improper use of such measures.
65. The bearing of firearms in holding areas is another point of concern. It was
For the sake of safety,
observed that there were no consistent guidelines in place in this regard, and
firearms should not be
that common practice varied according to the criteria of those in charge of each
worn in holding areas
establishment. In most establishments officers either do not wear their regulation
handgun or wear it with the magazine removed. Indeed, cases were observed in
which both these situations occurred in the same facility, with the choice
apparently left up to each officer. Inconsistencies in criteria were found within
the area covered by a single headquarters, e.g. Asturias: in the headquarters
building itself in Oviedo and in the district police station in Gijon firearms are
not carried in the holding areas, but in the station in Aviles they are carried
without the magazine. The same goes for the Western Andalusia Police
Headquarters in Seville, where both situations occur at the same facility. At the
station in Cadiz firearms are worn without the magazine, but in that of Cordoba
they are not worn. Finally, there are a few establishments where the wearing of
loaded firearms in the holding areas was observed, e.g. in the Police Headquarters
for the Basque Country in Vitoria, the police station at Malaga airport and the
Central Registry of Detainees in Madrid. For the sake of the safety of detainees
and officers alike, firearms should not be worn in holding areas, and instructions
should be issued accordingly.
66. It was observed that custodial officers did not always wear their identification
A system must be set in
numbers in plain sight. This situation was detected, among other establishments,
place to ensure compliance
at the district police stations in Aviles and Gijon (Asturias), Cartagena (Murcia),
Ibiza and Playa de Palma (Balearic Islands) and Valladolid, the police headquarters
for Aragon (in Zaragoza), Asturias (in Oviedo) and the Canary Islands (in Las
with the duty of custodial
officers to identify
themselves at all times
Palmas de Gran Canaria), and the Central Registry of Detainees in Madrid. This
is a breach of SES Instruction 13/2007 concerning the use of personal identification
THE OMBUDSMAN OF SPAIN
55
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents