Presentation
Like other European democracies, Spain has made a great effort in recent years to
eradicate all violations of fundamental rights in places of deprivation of liberty.
The ratification by our country of the OPCAT and the subsequent designation
via a public general act of the Ombudsman of Spain as the NPM are clear
evidence of this.
When the Ombudsman of Spain became the NPM, a process of internal
reorganisation was set in motion to ensure proper performance of the tasks that
this entailed. A unit was set up whose main purpose is to increase the number of
inspection visits made. This report is tangible proof of how diligently it has
fulfilled its remit. We have also worked on designing the remaining elements that
are to make up the final structure of the Mechanism, especially the Advisory
Council, on extending our capabilities for normative analysis and on developing
a training and dissemination programme.
Our Office has a long track record of defending fundamental rights that has
resulted in its visiting many places of detention over its almost thirty years of
operations. Designation as NPM is an acknowledgement of that fact, but it also
poses the challenge of extending and raising the profile of our activities in this
field, strengthening preventive aspects.
With budgetary constraints in mind, all this has been done through the reallocation
of in-house personnel. This has required extra efforts by all the services in our
institution, which I should like to publically acknowledge here.
The Ombudsman of Spain must combine two tasks in the defence of the rights of
detainees: a reactive task, arising from its competences in the processing of
complaints and ex officio investigations, and a preventive task, seeking direct,
truthful and accurate information on the conditions and procedures that prevail
in places of detention of all types, whatever the term of imprisonment involved,
with a view to promoting measures to prevent torture, mistreatment and abuse.
In this preventive task it is essential to analyse risk factors and impunity, and offer
guidance to public administrations through frequent, constructive dialogue. In
any event, this is precisely the way in which our institution goes about its everyday
business.
This report tackles a great many issues and covers a great many inspection visits,
but we are fully aware that this is just a part of the enormous, exciting task that
lies before us. Our objective is to assure a state under the rule of law for everyone,
especially for those who are most vulnerable because they are in prison.
M.ª Luisa Cava de Llano y Carrió
Acting Ombudsman of Spain
THE OMBUDSMAN OF SPAIN
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