Annual Report 2015 - Spain’s National Preventive Mechanism
der to carry out the body search. This does not agree with the information extracted from the rest of the documentation, and as such the proceedings have remained open for the purposes of clarifying these
details.
128
CNP assault, Majadahonda
179. Another citizen lodged a complaint of having been assaulted by
national police officers when passing close to a brawl that happened
during the celebration of the local fiestas in Majadahonda (Madrid), causing various injuries which were noted in the medical report provided. The
person affected also stated that they did not have the details of the officers
who carried out the assault, since the officers did not provide their badge
numbers when asked.
Identification of officers
§90 AR 2014
180. Given the frequency with which citizens approach the Ombudsman about the difficulty in identifying police officers and the scarce
number of sanction proceedings ordered for breach of the duty to carry
their personal identification number, a Recommendation was made to
the DGP that it amend the criteria which it follows for punishing these
breaches, especially when the agents also fail to identify themselves
upon the request of a citizen or where other circumstances take place
which enable police conduct to be classed as serious. A Recommendation was also put forward to the DGGC that it adopt the appropriate
measures in order to guarantee compliance with the provisions in
Instruction 13/2007 of the Secretary of State for Security on this matter,
including disciplinary measures. Both Recommendations have been
accepted.
CNP assault, El Tarajal (Ceuta)
181. In another case, a foreign national reported having been struck
by various national police officers at the El Tarajal border (Ceuta).
After carrying out the relevant procedures before the DGP and the SGIP,
and establishing that Pre-trial Investigation Court No.4 in Ceuta was informed of the facts, the person affected was notified that this institution
cannot interfere in judicial proceedings, nor review the decisions issued
thereof.
Improper treatment
182. Complaints regarding the improper treatment of citizens by officers were also processed. The analysis of these cases of rough, improper or degrading treatment towards citizens reveals the resistance of
the competent authorities, with regard to disciplinary matters, to carrying
out confidential disclosures or to ordering sanction proceedings when
citizens report police conduct which is liable to be sanctioned. The persons concerned are frequently referred to the use of the complaints and
suggestions book in the absence of forms for reporting these offences.
This runs contrary to the criteria of this institution, which urges citizens to
direct complaints to the competent body in order to begin a disciplinary
procedure, according to the procedure established in the Organic Law of
the CNP’s Disciplinary Regime. Based on this reasoning, a Recommendation has been made to the DGP that it issue appropriate instructions to
ensure that sanction proceedings or confidential disclosures are initiated
when a citizen reports this type of conduct.
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