CAT/OP/ESP/2
21.
The Subcommittee recommends that the national preventive mechanism review
and update the interview techniques used by its team (see CAT/OP/12/5, para. 31).
The mechanism’s interview methodology should be improved to ensure that
interviews with detainees are open and in-depth and take place in confidentiality, so as
to ensure that cases of torture and ill-treatment and structural situations that enable
or promote such behaviour are uncovered. The Subcommittee further recommends
that the national preventive mechanism adopt a strategy to prevent possible reprisals
against interviewees.
Interpreters
22.
Given the high proportion of detainees who speak languages other than Spanish and
are being held in different detention centres, the national preventive mechanism needs to
make sure that it has enough interpreters to be able to perform its role effectively.
23.
The Subcommittee recommends that the national preventive mechanism take
the necessary measures to recruit a sufficient number of interpreters, so as to be able
to conduct interviews with detainees who do not speak Spanish. It further
recommends that the mechanism produce materials containing general information
on its mandate and on the procedure for submitting complaints of torture and illtreatment to the Ombudsman, in languages other than Spanish.
Complaints
24.
The Subcommittee noted that some detainees were concerned about the stage
reached in processing the complaints of torture and ill-treatment that they had filed with the
Ombudsman. It is precisely the failure to differentiate clearly between the mandates of the
national preventive mechanism and the Ombudsman that has created confusion among
detainees; this was clearly demonstrated when detainees asked staff from the mechanism
about the status of their complaints.
25.
The Subcommittee recommends that detainees be informed systematically of
the difference between the mandate of the national preventive mechanism and that of
the Ombudsman and that the mechanism take the necessary steps to improve its
system for the referral of individual cases identified during its visits and the provision
of information about those cases to the Ombudsman in order to facilitate the
processing of complaints.
Strategy for monitoring the implementation of recommendations
26.
The Subcommittee notes that the national preventive mechanism draws up reports
for detention centre authorities after each visit, makes recommendations and has developed
a monitoring grid; furthermore, its recommendations are frequently used as the basis for
decisions by the authorities. However, the Subcommittee considers that these measures do
not adequately enable the mechanism to engage in constructive dialogue with senior
authorities and to effectively monitor the implementation of its recommendations.
27.
The Subcommittee recommends that, after each visit, the national preventive
mechanism submit recommendations to the relevant authorities more rapidly and
conduct follow-up visits promptly. The Subcommittee further recommends increasing
the number of visits carried out to follow up on recommendations made to detention
centre authorities. The Subcommittee recommends that the national preventive
mechanism establish, together with the relevant authorities if possible, an effective
mechanism for monitoring the implementation of its recommendations (see
CAT/OP/12/5, paras. 36 and 38).
28.
The Subcommittee recommends that the national preventive mechanism take
the necessary steps to effectively increase its interaction with civil society and the
offices of the ombudsman of the autonomous communities in the performance of its
work.
29.
The Subcommittee wishes to emphasize that these problems were acknowledged by
the national preventive mechanism in dialogues held during the visit.
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