Annual Report 2010 by the National Preventive Mechanism against Torture
and the services offered by specialist non-governmental organisations, for which
public funding is available.
No receipts are given
87. Once a superficial search of the persons held and of their belongings has
for belongings
been conducted, objects liable to cause injuries, cameras and mobile phones
confiscated
equipped with cameras are confiscated. No receipts are given for these belongings,
which are held under the responsibility of the surveillance staff. This is a
shortcoming that should be corrected.
The restraints available to
88. In cases of resistance or violent behaviour (e.g. resistance at the time of
the CNP are used in case of
embarkation on the return journey), the general measures of restraint and
resistance or violent
behaviour
coercion available to the CNP are employed. It was indicated that if any injuries
occur an evaluation by the medical service must be carried out, and a record must
be kept on the relevant individual file. At Madrid-Barajas airport there is an
isolation room. A request has been filed for this room to be provided with CCTV
surveillance and recording equipment.
Information forms and
89. There are forms available in several languages containing information on
interpreting services are
specific rights according to the type of administrative procedure applicable (denial
available
of entry or international protection). Asylum proceedings at Madrid-Barajas
airport are handled directly by the Asylum & Refugee Office (OAR), and at the
other posts they are handled by CNP officers, who are required to send the
relevant documents via the fastest possible channels to the said office. If interpreters
are needed they are called in from a company under contract, which guarantees
the availability of a wide range of languages.
II. Civil Guard Establishments
An armed military law
90. Art. 9.b of the Public General Act 12/2007 of October 22 on Security Forces
enforcement agency with a
establishes that the Civil Guard is a an armed military law enforcement agency
mainly rural remit and
79,586 members
with a mixed command structure: it is answerable to the Ministry of the Interior
in its role as a police force, under the legislation on the security forces of the
state, and to the Ministry of Defence in its military missions. In times of war
and states of emergency it is answerable exclusively to the Ministry of Defence.
The Director General for the Police and Civil Guard is the joint head of both
national-level law enforcement agencies. Under the distribution of areas of
authority established in Article 11.2 of the aforesaid Act, the remit of the Civil
Guard covers mainly rural areas and territorial waters. The tasks allocated to it
are specified in Articles 11, 12.1.B) and 13-15 of the Act, which also sets out the
disciplinary framework applicable to its 79,586 members. The central and
peripheral organisation structure of the Civil Guard at the time of writing this
report is shown in the graphic below:
62
THE OMBUDSMAN OF SPAIN
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