Annual Report 2015 - Spain’s National Preventive Mechanism
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Reduction of the minimum period during which the lawyer must
arrive (from eight to three hours).
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New faculties assigned to the lawyer.
These modifications bring together some of the Recommendations
put forward by the NPM over recent years.
Regulation of the Secretary
of State for Security
In addition, one Order and two Instructions from the Secretary of State for
Security (Spanish acronym SES) have been approved which directly affect
the conditions under which detentions unfold. Specifically:
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Order INT/2573/2015 of November 30th, which determines the
technical specifications that must be met by vehicles intended to
be used for transporting detainees, prisoners and convicts;
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Instruction 11/2015 from the Secretary of State for Security which
approves the Technical Instruction for the design and construction of detention areas;
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Instruction 12/2015 from the Secretary of State for Security which
approves the Behavioural protocol for areas where detainees are
held in custody by the state law enforcement organisations (hereafter ISES 12/2015).
These instruments constitute important advances in relation to conditions
and the rights of detainees, and accept a number of important Recommendations and Suggestions put forward by the NPM. However, given that
they entered into force during the final quarter of last year, their practical
application could not be evaluated during 2015 and will be subject to detailed analysis in the next annual report.
8. The main conclusions drawn from the visits made during 2015 to
short-term deprivation of liberty facilities are indicated below.
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Interviews with detainees
9. In general terms, the detainees interviewed during visits made by
the NPM during the reference period (in those cases where there were
detainees in the facilities) referred to having received proper treatment by
the custody officers and having been informed of their rights. They also
stated that the officers respond quickly to their calls and usually respond
quickly to bathroom requests.
Complaints made by detainees
However, the NPM managed to collect testimonies from detainees who
stated their discontent with respect to certain matters. The main complaints made by detainees referred to the state of the facilities (broken
toilets, uncleanliness, lack of natural light) or lack of information regarding
when they will be brought before a magistrate. To give examples of some
specific complaints, in the Tetuán Police Station (Madrid) a detainee stated
that they had had to ask the cleaning lady to notify the officers that they
needed to use the bathroom, because the officers had not responded to
their call. In the Police Headquarters for Western Andalusia (Seville), a
detainee complained about the tightness of their shackles during transportation. In the Civil Guard Command Headquarters in Melilla, a detainee
stated their distress at not having received their medication (insulin and
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