Annual Report 2010 by the National Preventive Mechanism against Torture
Most establishments have 2
96. In most cases the places of deprivation of liberty comprise small areas with
or 3 single-occupancy cells
an average of two or three small, single-occupancy cells together with independent
and separate toilet facilities
toilet facilities. In some cases there is also a room for custodial officers on duty.
Command headquarters and barracks in provincial capitals (e.g. the Guzmán el
Bueno barracks in Madrid) usually have larger facilities.
Cell doors are made of
Cell doors are made of metal plate and fitted with small openings to facilitate
metal plate with small
monitoring from the outside. Repairs were recommended at several establishments
openings. The use of
padlocks and chains in
locking & unlocking
systems must be avoided
where doors were found to be in poor condition, e.g. at the barracks in Aviles
(Asturias), Cartagena (Murcia), Ibiza and San Antoni de Portmany (Balearic
Islands). Door locking and unlocking systems unsuitable for emergencies or
evacuation procedures were observed at the command headquarters in Gijon
(Asturias) and the barracks in Aviles, Sant Antoni de Portmany, Aviles and the
Port of Malaga. The current system needs to be replaced by a mechanical opening
system or at least a manually operated lock, so that padlocks and chains secured
by padlocks are not used.
Cells are designed for
97. Cells are usually designed for individual use, and measure between 4 and
individual use. It would be
5 m2 on average. This makes them somewhat smaller than recommended in the
advisable for agreements
to be reached with the CNP
for when cells reach
saturation point
guidelines laid down in paragraph 49 of this report. In spite of reports indicating
that the entry into operation of the holding cells had not been authorised (September
2010), and that the cells installed complied with the usual criteria for size and
individual use it was deduced from an examination of the Detainee Registration
and Custody Log in Ibiza (Balearic Islands) that a worrying level of overcrowding
existed, and that on several occasions up to eight people had been held overnight in
the four cells, some of which had no lighting, no mattress and broken doors.
Without prejudice to the need to enlarge the holding area in the barracks on the
island of Ibiza so that it can cope with the number of detainees that it must handle,
it would be advisable for an agreement to be reached with the CNP for the transfer
of detainees to the establishments of the latter when GC establishments reach
saturation point. The same goes for other establishments visited, such as the barracks
in Santiago de Compostela (A Coruña) and Vecindario (Las Palmas), where the size
of the cells means that it is not reasonable for detainees to share them.
The poor lighting in some
98. The poor lighting found in some of the cells visited is a cause for concern. A
of the cells visited is a cause
systematic assessment of lighting conditions at these establishments is required.
for concern
Special attention must be paid to this issue at the command headquarters in Alava
(Vitoria), Las Palmas (Las Palmas de Gran Canaria), Leon, Madrid, Malaga
(particularly in regard to the cell for juveniles), Valladolid and Zaragoza, and the
barracks of Alsasua and Tafalla (Navarre), Arguineguin (Las Palmas), Casablanca
in Zaragoza, the Port of Malaga, El Prat airport in Barcelona, Sant Antoni de
Portmany (Balearic Islands), Santiago de Compostela (A Coruña) and Vecindario
(Las Palmas). At the time of the inspection visits, the lights in some of the cells at
68
THE OMBUDSMAN OF SPAIN
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