34. This chapter covers inspection visits to places of deprivation of liberty where
Visits to places of
the maximum time for which persons are held is counted in days. The most
deprivation of liberty
common cases of such deprivation of liberty the holding of persons for
identification under the Public General Act for Public Safety, criminal arrests,
where persons are held for
periods measured in days
detentions under legislation governing foreign nationals, military arrests for
minor offences, holding at border posts on denial of entry or while requests for
asylum are processed and the confinement of stowaways. Places of detention and
other establishments at border posts were visited in 2010.
35. In line with the objectives set for the Ombudsman’s activities as the NPM,
The 173 establishments
inspection visits were made to 173 places of short-term deprivation of liberty
visited housed 60 % of all
run by various police forces and organisations. The total number of detentions
resulting in persons being held in custody in the whole of Spain in 2010 was
the detainees held in cells
in 2010
over 470,000. When selecting which places to visit in this forest here of activity,
special emphasis was given to visiting those promises with the highest
throughput of detainees: in all, the places visited housed 60% of all persons
detained and held in cells.
36. The rules governing deprivation of liberty in the Constitution can be found
Art. 17 of the Constitution
in Article 17, which recognizes the fundamental right of liberty and establishes
recognises the
the principle of legality in dealing with cases and forms of deprivation of liberty.
Detention is envisaged as a precautionary measure that must be administered
on the basis of the minimum essential duration, lasting no more than 72 hours,
fundamental right to
liberty and establishes the
principle of legality in
dealing with cases and
by which time detainees must be released or brought before the courts. In this
forms of deprivation of
context, the first issue to be considered is criminal arrest, as regulated by Articles
liberty, as implemented by
489-501 and 520-527 of the LECRIM. Article 520.2 of the LECRIM is of
particular importance, since it establishes the core rights of all detainees, in
implementation of paragraph 3 of the aforesaid Article 17 of the Constitution.
Detainees must be informed of these core rights immediately upon their
detention, in line with Article 9.2. of the International Covenant on Civil and
Political Rights, and with principles 10-13 and 17 of the BPP. Police forces are
Art. 502.2 of the LECRIM
Detention is seen as a
precautionary measure
that must be applied on the
basis of the minimum
essential duration, lasting
no more than 72 hours
issued with forms that contain the relevant information in various languages
— it has been observed at various forces that these forms are available via their
corporate intranet — which are presented to the detainee for his/her signature.
If the detainee refuses to sign or is illiterate, a procedural note from the officer
in charge is issued.
37. Spanish regulations establish that criminal liability may be applied to
Juvenile detainees
juveniles as from the age of 14. Particular requirements applicable to criminal
must be released or
arrests of juveniles are regulated in Art. 17 of the LORPM, which adjusts the
procedures applied according to the age and degree of maturity of the juveniles
involved. The arrest must be reported immediately to the parents, tutors or
handed over to the public
prosecutor within
no more than 24 hours
guardians of the juvenile, who must be informed of their right to appoint a lawyer,
THE OMBUDSMAN OF SPAIN
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