Annual Report 2015 - Spain’s National Preventive Mechanism
man’s prerogatives granted under the law. Through these, the NPM aims to adequately prevent torture and ill
treatment under all circumstances.
During 2015 the NPM produced 58 Recommendations, 224 Suggestions and 2 Reminders of legal
duties. The responses to the Recommendations and Suggestions are reflected in the charts below:
Chart 1
Recommendations and Suggestions
Recommendations: 58
Suggestions: 224
10
14
20
2
42
Accepted
Pending
194
Rejected
Accepted
Pending
Rejected
By virtue of the reform of the Criminal Procedure Act by Organic Law 13/2015 of October 5th, the following
NPM Recommendations have been accepted and entered into force:
——
To reduce the maximum period of 8 hours so that rights of detainees to legal counsel is effective.
——
To provide detainees with greater information about their rights.
——
To inform detainees of their right to request a writ of habeas corpus.
——
To prohibit the use of incommunicado detention for children under 16 years.
——
To allow persons held under incommunicado detention to meet in private with their lawyer
(each case is decided on its own merits, whereas before it was prohibited in all cases).
——
Daily supervision by forensic doctors of persons detained incommunicado.
——
To notify the detention to the family of the person held under incommunicado detention (each
case is decided on its own merits, whereas before it was prohibited in all cases).
During the visits, in the event of becoming aware of any specific case of torture or ill treatment, the NPM
transfers the case to the corresponding department of the Ombudsman in order that they initiate the appropriate action, invoking the powers conferred on the Ombudsman by legislation. Section V provides a summary of
the complaints of ill treatment processed by the different departments of the Ombudsman in 2015.
In addition, the annexes to this report include the conclusions reached for all visits made during 2015, as
well as the follow-up to visits made in previous years and other relevant information.
The new Ombudsman website, constructed during 2015, includes a specific section on Prevention of
torture, in which the following may be consulted: annual reports, the monthly activity of the NPM, solutions put
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