Places of short-Term Deprivation of Liberty
headquarters for Leon it was observed that detainees were given medicaments
provided by their families or friends and that there was no system in place for
checking their suitability. The need to change this practice was pointed out.
106. Food for detainees is acquired by GC officers at the cafeterias on the
Food is acquired from the
establishments or from nearby catering establishments. It usually consists of sweet
cafeteria in the
bakery products and coffee for breakfast and sandwiches for the remaining meals.
Detainees with medical conditions or religious dietary restrictions are provided
with suitable food. This was confirmed by several of the detainees interviewed in
establishment or from
nearby catering
establishments. Religious
beliefs are catered for
the course of the inspection visits. This procedure entails an additional workload
for GC personnel and is not the most suitable solution in terms of a healthy diet,
especially in cases when prolonged deprivation of liberty is involved. In this regard
the GC explains that it has “584 detention establishments, many of them located in
small towns where there are few detainees. This wide dispersal makes it difficult to
arrange to have food delivered by specialist firms”. It must be stressed in regard to
the GC that for the sake of food safety and in view of potential liability of the force
in regard to persons held in custody, it is not considered appropriate that third
parties be permitted to bring in food for detainees. This point was made on the
occasion of the inspection visits to the command headquarters in Ceuta and
Tarragona and the barracks in Jerez de la Frontera (Cadiz).
107. Like the CNP, the Civil Guard must act according to the rules concerning
Access to toilet facilities is
detainee access to toilet facilities laid down in SES Instruction 12/2007, as mentioned
regulated according to SES
in paragraph 60 above. Most of the holding facilities visited have one or more toilets,
Instruction 12/2007
and in a few cases there are toilet facilities in the cells themselves. However in
general detainees must call a guard if they wish to use the toilet. The standard of
hygiene and upkeep of the toilets visited was not satisfactory in the barracks in
Alsasua (Navarre) and Cartagena (Murcia), or in the command headquarters in
Cadiz. The need to improve access to toiletries supplies was pointed out at the
command headquarters in Lleida and Seville and at the barracks in Cartagena, Ibiza,
Inca and Sant Antoni de Portmany (Balearic Islands), Malaga airport and
Torrelavega (Cantabria). In general, the same can be said as for the CNP in regard
to the advisability of establishing a more suitable waste collection system.
108. Detainees sleep on plinths built into the cell walls. On the inspection visits
A sufficient supply of
carried out there was observed to be a sufficient supply of mattresses [except at
mattresses and blankets
the barracks in Ibiza (Balearic Islands)] and blankets. At most establishments,
blankets are laundered after every use, though at the command headquarters in
was observed on the
inspection visits carried out
Ávila, Ceuta, Leon, Lleida, Malaga and Tres Cantos (Madrid) and at the barracks
in Cartagena (Murcia), El Astillero and Torrelavega (Cantabria), Inca and Sant
Antoni de Portmany (Balearic Islands), the port of Malaga and El Prat de Llobregat
airport (Barcelona) blankets are usually used several times before they are washed,
which is not acceptable practice.
THE OMBUDSMAN OF SPAIN
71
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