4.2 Spain Body responsible for monitoring forced return flights: Defensor del Pueblo (Ombudsman). The Defensor del Pueblo was established by the Organic Law No. 3 of 6 April 1981 with the task of protecting the fundamental rights and freedoms of citizens, through the control of public administrations. The Defensor del Pueblo is elected by the Congress of Deputies and the Senate and its mandate lasts five years. This body carries out its activity with independence, impartiality and autonomy, it enjoys immunity in the exercise of its functions, and draws up an annual report of the activity carried out at the General Court. More generally, the Defensor del Pueblo supervises the respect for citizens’ fundamental rights and public liberties. To this end, it controls the activities of the administrations and bodies that manage public services throughout the country and the activity of the Spanish administrative delegations with responsibilities towards Spanish citizens abroad. The Defensor del Pueblo receives complaints relating to the irregular functioning of the administration of justice, which are sent to the Ministerio Fiscal (Prosecutor) to investigate and take appropriate measures in accordance with the law, or remits them to the Consejo General del Poder Judicial (Superior Council of the Judiciary). If necessary, the Defensor del Pueblo can send recommendations to the Government on the need to adopt legislative changes, to lodge appeals for constitutional protection, as well as to initiate procedures to ascertain the legitimacy of arrests and/or detentions (habeas corpus). Following the signing of the OPCAT, through the Organic Law 1/2009 of 3 November 2009, the Spanish Parliament has assigned the role of National Preventive Mechanism to the Defensor del Pueblo, with the aim of preventing any episodes of torture and other inhuman or degrading treatments. As NPM, the Defensor del Pueblo carries out periodic visits and checks to places of detention and deprivation of liberty, a core activity of the body. These places include: police stations, prisons (ordinary, military and for minors), socio-educational centres, hospital custody units, detention centres for migrants and control centres at airports. On its website, the Defensor del Pueblo publishes short reports on each activity performed, including the monitoring of forced return operations, in a chronological order. 19 The Defensor del Pueblo, as NPM, is an independent body whose mission is incompatible with any representative mandate, institutional position or political activity. For example, the report on the return operation organized by Spain (Frontex flight) from Madrid-Barajas to Bogota (Colombia) and Santo Domingo (Dominican Republic), 17 and 18 July 2019, is interesting: “During the visit, the airport phases were monitored, boarding on the plane, the international flight phase, also the documentation regarding repatriation was examined. The operation was performed without incidents until arrival at destination. 36 Colombian and 5 Dominican citizens were repatriated by the Spanish authorities. Bulgaria and Poland took part in the operation, returning one Colombian citizen and two Dominican citizens respectively.” (https://www.defensordelpueblo.es/evento-mnp/operativo-de-repatriacion-organizado-por-espana-vuelofrontex-desde-el-aeropuerto-adolfo-suarez-de-madrid-barajas-con-destino-a-bogota-colombia-y-santodomingo-republica-dominicana-4/). 19