Annual Report 2010 by the National Preventive Mechanism against Torture I.2. Waiting Areas for Persons Denied Entry and Asylum Seekers Facilities at border posts 73. The waiting areas at border posts for persons denied entry and asylum are run by the CNP seekers are run by the National Police Force. The facilities for persons denied Waiting areas for persons entry were established under Article 60 of Public General Act 4/2000 January denied access are not 11 regulating the rights and liberties of foreign nationals in Spain and their penitentiary in nature and integration into society. The said article establishes that at border posts there must be provided with social, legal, cultural and health services should be facilities (referred to generically as “places of detention”) which are not of a penitentiary nature and which must be provided with social, legal, cultural and health services. Should it not prove possible to process the return of a traveller to his/her country of origin within 72 hours, authorisation must be sought from the courts for the person in question to remain at the said facilities. The maximum stay in these waiting areas for persons denied access depends on the frequency of flights by the carriers responsible for returning them to their point of departure. Waiting areas for asylum Waiting areas for asylum seekers provide accommodation at the border for those seekers are intended to persons who request international protection from Spain when they are deemed hold foreign nationals who request international protection from Spain not to meet the requirements for access to Spanish territory under the regulations governing foreign nationals. These facilities are regulated basically under Article 22 (with referral to Article 21.1) of Act 12/2009 of October 30 regulating the right to asylum and subsidiary protection. Persons seeking international protection may stay at these facilities while their applications are being examined. This usually entails a stay of up to four days, but it may be extended to 10 days upon request from the UNHCR when cases of exclusion or direct denial are being substantiated. In both cases a further two days can be added if the applicant submits a request for re-examination or an appeal for reconsideration of judgement [Art. 21.3 & 25.1.f) of the Asylum Act (Ley de Asilo)], so the maximum stay in these facilities is usually six days but may exceptionally be as long as 12 days. Under Article 21.5 of the aforesaid act, should the periods indicated be exceeded without the applicants being notified of a ruling, they must be allowed to enter Spanish territory and their application must then be processed through ordinary channels. The Constitutional Court 74. In 1994 the Office of the Ombudsman filed an appeal on grounds of rejected an appeal filed by unconstitutionality against Subsection 8 of the single article that comprises Act the Ombudsman in 1994, and ruled that the 72 hour limit was not applicable 9/1994 of May 19 amending the 1984 Asylum Act, which establishes that applicants must remain at the border post while the process of admission for consideration of their applications is carried out. This appeal was rejected under Ruling 53/2002. Prior to the entry into force of the said amendment asylum seekers were allowed provisional entry into Spanish territory while their requests 58 THE OMBUDSMAN OF SPAIN