This report sets out the activities of the National Preventive Mechanism against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (NPM) during 2015. It should be noted that through Organic
Law 1/2009 of November 3rd, which introduces a sole final provision on the Ombudsman under Organic Law,
this institution was designated as the NPM and assumed this role from November 5th 2009 in accordance with
the provisions of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, established in New York on December 18th 2002.
Since then, 6 annual reports have been published (the present report included) which compile the annual
activities of the Ombudsman in its role as the NPM, as well as a monographic report entitled study of Injury
reports on people deprived of their liberty (2014). For the purposes of continuing with monographic research, in 2015 a study was carried out into the use of mechanical restraints in Prison Facilities, which included
information requests made to the relevant administrations as well as visits which included a particular focus on
this matter. Said study, carried out in collaboration with an external expert, psychiatrist and under the guidance
of the Advisory Council, will be published during 2016.
The 2014 Annual Report, which included a compendium of the Minimum criteria in deprivation of liberty,
was lodged in the Register of the Spanish Parliament on May 25th 2015. On June 9th 2015 the Ombudsman
appeared before the Spanish Parliament’s Joint Committee on Relations with the Ombudsman in order to
present the aforementioned report, which was subsequently published on the Ombudsman’s website. The referral of this Annual Report to the Subcommittee for the Prevention of Torture (SPT) took place on June 16th 2015
in accordance with the obligations set out under OPCAT.
62 visits were carried out throughout 2015 and are detailed in this report.
The main objective of these visits is to detect possible shortcomings which could facilitate torture or ill
treatment or hinder the investigation and sanction of such acts. In addition, the treatment and conditions experienced by people deprived of liberty are examined, and checks are made on whether or not their basic rights
are protected. To that effect, the visits include confidential individual interviews which are a prime source of
information about the reality of liberty deprivation. Interviews are also conducted with the management and staff
of the facility. The facilities are inspected, records and documentation are examined, the video surveillance
system is assessed, etc. Furthermore, specific questions are reviewed in the event that any incorrect information is suspected or brought to light.
Following the visits, the NPM prepares an internal report and sends its conclusions to the relevant administrations so that they may be taken into consideration and the necessary improvements made. With regard to
facilities for medium and long-term deprivation of liberty, said conclusions are also referred to the Public Prosecutor for their information. When deemed necessary, whether due to the importance of the matter at hand, in
relation to conclusions reached previously, due to lack of acceptance of the conclusions or for other reasons,
Recommendations, Suggestions or Reminders of Legal Duties are put together, exercising the Ombuds-
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