Places of short-Term Deprivation of Liberty
police forces must be called in. Under the relevant instruction (rule 8) the general
criterion applicable is “the utmost respect for the sexual identity of the person
searched, particularly in the case of transsexuals”.
70. Although it is not expressly mentioned in Article 520.2 of the LECRIM, rule
There must be a written
3 of SES Instruction 12/2007 establishes that detainees must be informed of their
record of the information
constitutional right to request habeas corpus if they consider that their arrest is
not justified in law or has taken place unlawfully, and must be provided with the
relevant form for this purpose. However, personnel at some of the establishments
provided to detainees
concerning their
constitutional right to
request habeas corpus
visited reported that no written notice of this possibility was given. A written
record of the information provided must be kept.
71. Police stations and other places of short-term deprivation of liberty are
The need to properly
required to keep the following record books: a log of presentation for
maintain the Detainee
identification in line with Article 20.3 of Public General Act 1/1992 on the
protection and security of citizens; a log of juvenile detainees (regulated by SES
Instruction 7/2005); a log of actions involving homeless personas sheltered at
Registration and Custody
Log was pointed out in
those cases where this was
not being done
police establishments (regulated by SES Instruction 1/2001); a log of telephone
telegrams, a log of complaints and suggestions and the Detainee Registration
and Custody Log. SES Instruction 12/2009 establishes that this last book must
be used to record all incidents concerned with adult detainees (reason for arrest,
any incidents during the arrest and transfer, identity of the officer in charge of
the detainee at all times, belongings confiscated, personal details, etc.) along
with any other relevant incidents (searches conducted, meals, visits, legal
counsel, medical assistance, bringing before courts, etc). This is considered to
be in line with principle 12 of the BPP. Use of this log was phased in at police
establishments during 2010. However, it was observed during the inspection
visits made that at those establishments which handle large numbers of detainees
(e.g. the Central Registry of Detainees in Madrid and the Central District police
station in Madrid) the log was not always properly kept up. Cases were also
found in which the log was not being properly filled in: sections were being left
blank and events that should have been recorded were omitted, e.g. meals and
searches. The need to correct these failings was pointed out.
72. Particular points concerned with the treatment of juveniles by the CNP are
The treatment of juveniles
covered by SES instruction 11/2007. Actions which may entail deprivation of
by the CNP is regulated by
liberty must be carried out by specialist juvenile units (GRUMEs). Juveniles must
SES Instruction 11/2007
be held in separate police facilities and their holding in cells must be avoided so
far as possible. They must be allowed visits from their families, guardians or legal
representatives and suitable measures must be taken to prevent this from affecting
police investigations, except in those cases envisaged in Article 520 bis of the
LECRIM or when considered unadvisable (Art. 17.2 LORPM). Insofar as possible,
juveniles must be transported in unmarked vehicles by officers in plain clothes.
THE OMBUDSMAN OF SPAIN
57
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