Annual Report 2015 - Spain’s National Preventive Mechanism
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Protection of inmates who report
ill treatment
46. During interviews with some inmates during the visit to the Brieva CP,
it was observed how complaints of ill treatment, abuse or inappropriate
practices can lead to secondary victimisation. With regard to reports by
inmates of sexual abuse by prison workers at the facility (which are currently before the courts), it was observed during the visit that, in spite of the
support the inmates confirmed having received from the management
team, the whistleblowing inmates had suffered consequences to the extent
that they regretted having reported the incident in the first place. For that
reason, it is deemed necessary to remind the Administration of the importance of allocating maximum priority to the protection of inmates who
report ill treatment, abuse or inappropriate practices, and of adopting
the necessary measures to avoid possible retaliation.
Inquests into deaths
§150 AR 2014
47. In the visit to the Brians I CP, a Suggestion was put forward concluding that the internal investigation procedure used in the event of the
death of an inmate requires improvement, since neither the facts prior
to death nor previous psychological or psychiatric reports (a psychological
autopsy) are gathered, and that questioning should take place in an environment which facilitates trust in this process. This mechanism would not
substitute judicial enquiries but would complement them.
Methods of restraint, rules
and restrictions, and disciplinary
regime
§164, 185 and 187 AR 2014
48. The use of restraining methods, rules and restrictions and the
disciplinary regime continue to receive special attention during visits.
Shortcomings have been detected in some cases, such as lack of communication to the SGIP of the use of temporary solitary confinement, the incorrect registering of the use of restraining methods, excessive duration of
rules and restrictions or medical staff being unaware in advance of the use
of solitary confinement (El Dueso, Pamplona and Las Palmas II CP). However, the main conclusions regarding the use of mechanical restraints will
be compiled in a separate study into the use of mechanical restraints in
Prison Facilities.
Radiography and searches
§191-196 AR 2014
49. In the visit to the Las Palmas II CP the high number of radiology
examinations and searches performed on inmates, with few positive
results, stood out. The NPM’s views on radiology examinations as a medical control measure, used when inmates are suspected of hiding narcotic
substances inside their body, have been forwarded to the SGIP and explained in reports. The SGIP has passed this institution a copy of the study
entitled Use of radiology examinations for non-medical reasons in Prison
Institutions as well as an informed consent form, both prepared by the
General Sub-directorate for Prison Healthcare Coordination, which compile the NPM criteria. The preparation of a protocol for the use of radiology examinations as a control measure, based on the aforementioned
report, is pending.
Self-harm
§167 AR 2014
50. Self-harm occasionally takes place as an expression of uncontrollable anguish that does not receive proper medical or psychiatric treatment
(triggered by the admission of a relative to hospital, relationship breakdown, refusal of permission, etc.). In other cases, it is a way of expressing
demands to the institution related to rights (healthcare, visits and contact
with family, changes to the unit where they are being held or of cellmates,
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