Annual Report 2010 by the National Preventive Mechanism against Torture
numbers on the uniforms of members of the state security forces (subsection 2.2),
which specifies that numbers must be visible because it is “the right of citizens at
all times and with no need for positive action or request on their part to identify
the officers who are providing the relevant service or function, and the duty of
such officers to facilitate this”. The badge numbers on the uniforms and work
clothes of CNP officers are removable (they currently comprise a rectangular
plastic badge-holder attached with two clips). A more suitable system should be
established for ensuring compliance with this duty to identify oneself, which the
regulations require be met at all times. It was also observed that badge numbers
were printed in lettering that was not easily readable, particularly at the so-called
“courtesy distance” (120 cm). The font should be changed to make the numbers
easier to read.
Belongings confiscated in
67. Arresting officers conduct an initial, superficial search of each detainee.
the exhaustive search prior
Subsequently, at police establishments, detainees are subjected to a more
to admission are stored
and logged in the Detainee
Registration and Custody
exhaustive search before they are admitted to the cells. At this time their
personal belongings and any items of clothing with which they might injure
Log, with the signature of
themselves or cause harm to other detainees or to police officers (chains,
the detainee affixed in
belts, scarves, shoelaces, watches, rings, lighters, matches, etc) are confiscated
acknowledgement.
and stored in a plastic bag which is heat-sealed to prevent anyone from
accessing the contents. At some police stations, e.g. Segovia, no official bags
were available and ordinary plastic bags or envelopes were used. The
belongings confiscated are logged in the Detainee Registration and Custody
Log, and the signature of the detainee is affixed in acknowledgement. Objects
are stored in cupboards or lockers in the holding area itself, with more valuable
objects being kept in safes.
Reminders were issued of
68. Police searches in which detainees are required to strip fully naked to
the obligation to record in
determine whether they are carrying any dangerous objects or incriminating
the Detainee Registration
and Custody Log the
reasons for searches
evidence in the folds or other parts of their bodies are regulated by SES Instructions
7/1996 and 19/2005, the latter of which was drawn up in response to various
requiring detainees to strip
reports and recommendations made by this Office. On the inspection visits to
naked, and to report such
some establishments [the headquarters of Asturias (in Oviedo), the Canary
searches to the courts
Islands (in Las Palmas de Gran Canaria) and Cantabria (in Santander) and the
district police stations of Aviles and Gijon (Asturias), Barcelona-El Prat airport,
the Central District of Madrid, Jerez de la Frontera (Cadiz), Málaga, San Sebastian
(Guipúzcoa) and Segovia], reminders had to be given of the obligation to record
such searches in the Detainee Registration and Custody Log, detailing the reasons
why they were carried out and informing the courts accordingly.
Women must be searched
by female officers. The
69. Female detainees must be searched by female police officers, though SES
utmost respect is required
Instruction 12/2007 makes allowances for emergency situations. If no female
in the case of transsexuals
56
officers are available at the establishment in question, female officers from other
THE OMBUDSMAN OF SPAIN
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